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Miscellaneous  collections  of  proposals, 

reports,  etc. 

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A.d_ 

ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  2 


MR.  CROSSER. 


PROPOSAL 


To  provide  for  the  initiative  and  referendum  and  the  legisla¬ 
tive  power. 

»  * 

Resolved ,  by  the  constitutional  convention  of  the  state  of  Ohio,  That  article 

2  II  shall  be  as  follows : 

3  ARTICLE  II. 

4  Section  i.  The  legislative  power  of  this  state  shall  be  vested  in  a  General 

5  Assembly  consisting  of  a  Senate  and  House  of  Representatives  but  the  people 

6  reserve  to  themselves  the  power  to  propose  laws  and  amendments  to  the  constitu- 

7  tion,  and  to  adopt  or  reject  the  same  at  the  polls  independent  of  the  General  As- 

8  sembly,  and  also  reserve  the  power,  at  their  own  option,  to  adopt  or  reject  any 

9  law,  item,  section  or  part  thereof,  passed  by  the  General  Assembly. 

10  Section  i-A.  Initiative.  The  first  aforestated  power  reserved  by  the 

11  people  is  designated  the  initiative,  and  the  signatures  of  not  more  than  eight  per 

12  centum  of  the  voters  shall  be  required  upon  a  petition  to  propose  any  law,  and 

13  of  not  more  than  twelve  per  centum  upon  a  petition  to  propose  an  amendment  to 

14  the  constitution. 


1 


2 

i 

15  When  there  shall  have  been  presented  to  the  Secretary  of  State  a  petition 

16  signed  by  the  aforesaid  required  number  of  voters  and  verified  as  herein  pro- 

17  vided,  proposing  a  law  or  an  amendment  to  the  constitution  the  full  text  of  which 

18  proposed  law  or  amendment  to  the  constitution  shall  have  been  set  forth  in  such 

19  petition,  the  Secretary  of  State,  shall  submit  for  the  approval  or  rejection  of  the 

20  voters  the  proposed  law  or  amendment  to -the  constitution  in  the  manner  herein- 

21  after  provided,  at  the  next  succeeding  regular  or  general  election  in  any  year  oc- 

22  curring  subsequent  to  ninety  days  after  presentation  of  such  petition.  All  such  in- 

23  itiative  petitions,  last  above  described,  shall  have  printed  across  the  top  thereof  ,  in 

24  the  case  of  proposed  laws,  the  following:  “Law  proposed  by  initiative  petition 

25  to  be  submitted  directly  to  the  Voters.”  Or,  in  case  of  proposed  amendment  to 

26  the  constitution  ;  “Amendment  to  the  constitution  proposed  by  Initiative  petition 

27  to  be  submitted  directly  to  the  Voters.” 

28  Section  i-AA.  When  at  any  time,  not  less  than  ten  days  prior  to  the  com- 

29  mencement  of  any  session  of  the  General  Assembly,  there  shall  have  been  pre- 

30  sented  to  the  Secretary  of  State  a  petition  signed  by  four  per  centum  of  the 

31  voters  and  verified  as  herein  provided,  proposing  a  law  or  amendment  to  the  con- 

32  stitution  the  full  text  of  which  shall  have  been  set  forth  in  such  petition,  the 

33  Secretary  of  State  shall  transmit  the  same  to  the  General  Assembly  as  soon  as  it 

34  convenes.  The  proposed  law  or  proposed  amendment  to  the  constitution  shall 

35  be  either  approved  or  rejected  without  change  or  amendment  by  the  General  As- 
30  sembly,  within  sixty  days  from  the  time  it  is  received  by  the  General  Assembly. 

37  If  any  such  law  proposed  by  petition  shall  be  approved  by  the  General  Assembly 

38  it  shall  be  subject  to  the  referendum  as  herein  provided.  If  any  such  amendment 

39  to  the  constitution  proposed  by  petition  shall  be  approved  by  the  General  As- 

40  sembly  it  shall  be  submitted  to  the  voters.  If  any  law  or  constitutional  amend- 


3 


41 

ment  so  petitioned  for  be  rejected,  or  if  no  action  be  taken  thereon  by  the  General 

42 

Assembly  within  such  sixty  days,  the  Secretary  of  State  shall  submit  the  same  to 

43 

• 

the  people  for  approval  or  rejection  at  the  next  regular  or  general  election  in  any 

44 

year.  The  General  Assembly  may  decline  or  refuse  to  pass  any  such  proposed 

45 

law  or  constitutional  amendment  and  adopt  a  different  and  competing  one  on  the 

46 

same  subject,  and  in  such  event  both  the  proposed  and  competing  law  or  both  the 

47 

proposed  and  competing  constitutional  amendment  shall  be  submitted  by  the  Sec¬ 

48 

retary  of  State  to  the  voters  for  approval  or  rejection  at  the  next  regular  or 

49 

general  election  in  any  year. 

50 

All  such  initiative  petitions,  last  above  described,  shall  have  printed  across 

51 

the  top  thereof  in  the  case  of  proposed  laws,  the  following:  “Law  Proposed  by 

52 

Initiative  Petition  to  be  First  Submitted  to  the  General  Assembly,”  or  in  case  of 

53 

proposed  amendments  to  the  constitution,  “Amendment  to  the  Constitution  Pro¬ 

54 

posed  by  Initiative  Petition  to  be  first  Submitted  to  the  General  Assembly.” 

55 

Ballots  shall  be  so  printed  as  to  permit  an  affirmative  or  negative  vote  upon 

56 

each  measure  submitted  to  the  voters. 

57 

Any  proposed  law  or  amendment  to  the  Constitution  submitted  to  the  voters 

58 

as  provided  in  Section  i-A  and  Section  i-AA,  shall  go  into  effect  when  approved 

59 

by  a  majority  of  those  voting  upon  the  same,  and  shall  be  published  in  the  same 

60 

( 

manner  as  acts  of  the  General  Assembly. 

61 

If  conflicting  proposed  laws  or  conflicting  proposed  amendments  to  constitu¬ 

62 

tion  shall  be  apprpved  at  the  same  election  by  a  majority  of  the  total  number  of 

63 

votes  cast  for  and  against  the  same,  the  one  receiving  the  highest  number  of  af¬ 

64 

firmative  votes  shall  be  the  law  or  in  the- case  of  amendments  to  the  constitution 

65 

shall  be  the  amendment  to  the  constitution.  No  law  proposed  by  initiative  petition 

66 


and  approved  by  the  voters  shall  be  subject  to  the  veto  power  of  the  Governor. 


67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 


4 


Section  i-b.  Referendum.  The  second  aforestated  power  reserved  by 
the  people  is  designated  the  referendum,  and  the  signatures  of  not  more  than  six 
per  centum  of  the  voters  shall  be  required  upon  a  petition  to  order  the  submission 
to  the  voters  of  the  state  for  their  approval  or  rejection  of  any  law,  or  any  item, 
section  or  part  of  any  law  passed  by  the  General  Assembly. 

No  law  passed  by  the  General  Assembly  shall  go  into  effect  until  ninety 
days  after  the  final  adjournment  of  the  session  of  the  General  Assembly  which 
passed  the  same,  except  as  herein  provided. 

When  a  petition,  signed  by  six  per  centum  of  the  voters  of  the  state  and 
verified  as  herein  provided,  shall  have  been  presented  to  the  Secretary  of  State 
within  ninety  days  after  the  final  adjournment  of  the  session  of  the  General  As¬ 
sembly  which  passed  the  law,  ordering  that  any  law  or  any  item,  section  or  part 
of  any  law,  be  submitted  to  the  voters  of  the  state  for  their  approval  or  rejection, 
the  Secretary  of  State  shall  submit  to  the  voters  of  the  state  for  the  approval  or 
rejection,  such  law,  or  any  item,  section  or  part  of  any  such  law,  in  the  manner 
herein  provided,  at  the  next  succeeding  regular  or  general  election  in  any  year  oc¬ 
curring  at  a  time  subsequent  to  thirty  days  after  the  filing  of  such  petition,  and 
no  such  law  or  any  item,  section  or  part  of  any  such  law,  shall  go  into  effect  until 
and  unless  approved  by  a  majority  of  those  voting  upon  the  same.  If,  however,  a 
referendum  petition  is  filed  against  any  item,  section  or  part  of  any  law,  the 
remainder  shall  not  thereby  be  prevented  or  delayed  from  going  into  effect. 

Section  i-c.  Emergency  Measures.  Acts  providing  for  tax  levies,  ap¬ 
propriations  for  the  current  expenses  of  the  state  and  other  emergency  measures 
necessary  for  the  immediate  preservation  of  the  public  peace,  health  or  safety, 
if  the  same  upon  a  yea  and  nay  vote  shall  receive  the  vote  of  three-fourths  of  all 
the  members  elected  to  each  branch  of  the  General  Assembly,  shall  go  into  im- 


5 


93  mediate  effect,  but  the  facts  constituting  such  necessity  shall  be  set  forth  in  one 

94  section  of  the  act,  which  section  shall  be  passed  only  upon  a  yea  and  nay  vote, 

95  upon  a  separate  roll-call  thereon. 

96  A  Referendum  petition  may  be  filed  upon  any  such  emergency  law  in  the 

97  same  manner  as  upon  other  laws,  but  such  law  shall  nevertheless  remain  in  effect 

98  until  the  same  shall  have  been  voted  upon,  and  if  it  shall  then  be  rejected  by  a 

99  majority  of  those  voting  upon  such  law,  it  shall  thereafter  cease  to  be  law. 

100  Section  i-D.  Local  Initiative  and  Referendum.  The  initiative  and 

101  referendum  powers  of  the  people  are  hereby  further  reserved  to  the  voters  of 

102  each  city,  village,  county,  township,  school  districts  or  other  political  subdivisions 

103  of  the  state  to  be  exercised  in  the  manner  to  be  provided  by  law. 

104  Section  i-E.  General  Provisions.  Any  initiative  or  referendum  petition 

105  may  be  presented  in  separate  parts  but  each  part  shall  contain  a  full  and  correct 

106  copy  of  the  title,  and  text  of  the  law,  or  the  proposed  law  or  proposed  amendment 

107  to  the  constitution.  Each  signer  of  any  initiative  or  referendum  petition  shall 

108  also  place  thereon  after  his  name,  his  place  of  residence.  Each  part  of  such 

109  petition  shall  have  attached  thereto  the  affidavit  of  the  person  soliciting  the  signa- 

110  tures  to  the  same,  stating  that  each  of  the  signatures  attached  to  such  part  was 

111  made  in  his  presence,  and  that  to  the  best  of  his  knowledge  and  belief  each  signa- 

112  ture  to  such  part  is  the  genuine  signature  of  the  person  whose  name  it  purports 

113  (to  be,  and  no  other  affidavit  thereto  shall  be  required.  The  affidavit  of  any 

I 

114  person  soliciting  signatures  in  accordance  with  the  provisions  hereof  shall  be 

115  verified  free  of  charge  by  any  officer  authorized  to  administer  oaths. 

116  The  petition  and  signatures  upon  such  petitions,  so  verified,  shall  be  pre- 

117  sumed  to  be  in  all  respects  sufficient,  unless  not  later  than  fifteen  days  before  elec- 


2* — Sub.  Prop. — No.  2. 


6 


118  tion.  it  shall  be  otherwise  proven  and  in  such  event  ten  days  shall  be  allowed  for 

119  the  tiling  of  additional  signatures  to  such  petition,  and  no  law  or  amendment  to 

120  the  constitution  submitted  to  the  voters  by  initiative  petition  and  receiving  an 

121  affirmative  majority  of  the  votes  cast  thereon  shall  ever  be  held  unconstitutional 

122  or  void  on  account  of  the  insufficiency  of  the  petitions  by  which  such  submission 

123  of  the  same  shall  have  been  procured;  nor  shall  the  rejection  of  any  law  sub- 

124  mitted  by  referendum  petition  be  held  invalid  for  such  insufficiency. 

125  One-half  of  the  total  number  of  counties  of  the  state  shall  each  be  required 

126  to  furnish  the  signatures  of  voters  equal  in  number  to  one-half  of  the  designated 

127  percentage  of  the  voters  of  such  county,  upon  all  initiative  or  referendum 

128  petitions  provided  for  in  any  of  the  sections  of  this  article. 

129  A  true  copy  of  all  laws  or  proposed  laws  or  proposed  amendments  to  the 

130  constitution,  together  with  an  argument  or  explanation,  or  both,  for,  and  also  an 

131  argument  or  explanation,  or  both,  against  the  same,  shall  be  prepared.  The  per- 

132  son  or  persons  who  prepare  the  argument  or  explanation,  or  both,  against  any 

133  law  submitted  to  the  voters  by  referendum  petition  may  be  named  in  such  peti- 

134  tion  and  the  arguments  or  explanations,  or  both,  for  any  proposed  law  or  pro- 

135  posed  amendment  to  the  constitution  may  be  named  in  the  petition  proposing  the 

136  same ;  the  person  or  persons  who  prepare  the  argument  or  explanation,  or  both, 

137  for  the  law  submitted  to  the  voters  by  referendum  petition,  or  for  any  competing 

138  law  or  competing  amendment  to  the  constitution  or  against  any  law  submitted 

139  by  initiative  petition,  shall  be  named  by  the  General  Assembly  if  in  session  and  if 

140  not  in  session  then  by  the  Governor. 

141  The  Secretary  of  State  shall  have  printed  the  law  or  proposed  law  or  pro- 

142  posed  amendment  to  the  constitution  together  with  the  arguments  and  explana- 

143  tions  not  exceeding  a  total  of  three  hundred  words  for  each  of  the  same,  and  also 


7 


144  the  arguments  and  explanations  not  exceeding  a  total  of  three  hundred  words 

145  against  each  of  the  same,  and  shall  mail  or  otherwise  distribute  a  copy  of  such 

146  law  or  proposed  law  or  proposed  amendment  to  the  constitution  together  with 

147  such  arguments  and  explanations  for  and  against  the  same  to  each  of  the  voters 

148  of  the  state,  as  far  as  reasonably  possible.  The  Secretary  of  State  shall  cause  to 

149  be  placed  upon  the  official  ballots  the  title  of  any  such  law  or  proposed  law  or 

150  proposed  amendment  to  the  constitution  to  be  submitted,  and  shall  cause  the 

151  ballots  to  be  so  printed  as  to  permit  an  affirmative  or  negative  vote  upon  each 

152  law  or  proposed  law  or  proposed  amendment  to  the  constitution. 

153  The  style  of  all  laws  shall  be  “Be  It  Enacted  by  the  People  of  the  State  of 

154  Ohio,”  and  of  all  constitutional  amendments,  “Be  it  Resolved  by  the  People  of  the 

155  State  of  Ohio.” 

156  The  foregoing  sections  of  this  article  shall  be  self  executing,  but  legislation 

157  may  be  enacted  to  facilitate  their  operation,  but  in  no  way  limiting  or  restricting 

158  either  their  provisions  or  the  power  therein. 


\ 


. 

•  :  . 


* 


' 


Ordered  printed,  as  it  will  appear  il  the  minority  report  ol  the  committee  on  Liquor 
Traffic  is  adopfed. 


Fourth  Constitutional 
Convention. 


Proposal  No.  4 


MR.  KING. 


PROPOSAL 


To  submit  substitute  for  schedule,  Section  18  of  the  con¬ 
stitution. — Relating  to  licensing  the  traffic  in  intoxi¬ 
cating  liquors. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  sub- 

3  stituting  for  Section  18  of  the  schedule  the  following: 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for  the 

5  adoption  or  rejection  of  any  revision,  alterations,  or  amendments  made  to  the 

(J  constitution  by  this  convention,  the  following  articles,  independently  of  the  sub- 

7  mission  of  any  revision,  alterations  or  other  amendments  submitted  to  them,  shalll 

g  be  separately  submitted  to  the  electors  in  the  alternative  in  the  words  following, 

9  to-wit : 

10  The  General  Assembly,  shall  be  authorized  to  enact  legislation  providing  for 

11  the  licensing  of  the  liquor  traffic,  but  no  such  legislation  shall  authorize  more 


12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

* 

32 

33 

34 


2 


than  one  license  in  each  toivnsliip,  or  municipality  of  less  than  i,ooo  population, 
nor  more  than  one  for  each  j,Ooo  population  in  other  townships  and  municipali¬ 
ties;  provided,  however,  that  any  license  so  granted  shall  be  deemed  revoked  if 
in  the  place  operated  under  such  license  any  law  regulating  such  traffic  in  intoxi¬ 
cating  liquors  is  violated. 

And  provided  further,  that  nothing  herein  contained  shall  inz’alidate,  limit 
or  restrict  the  provisions  of  any  law  now  in  force,  relating  to  such  traffic,  or  in 
any  way  limit  the  right  of  the  General  Assembly,  under  its  police  pozeer,  to 
provide  against  the  evils  resulting  from  the  traffic  in  intoxicating  liquors. 

Section  2.  At  said  election,  a  separate  ballot  shall  be  in  the  following 
form : 

INTOXICATING  LIQUORS. 


For  License.  | 

Against  License,  j 

Section  3.  Separate  ballot  boxes  shall  be  provided  for  the  reception  of  said 
ballots. 

Section  4.  The  voter  shall  indicate  lps  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words  “For  License”  if  he  desires  to  vote  in 
favor  of  license.  And  opposite  the  ivords  “Against  License ”  within  the  blank 
space,  if  he  desires  to  vote  against  license,  and  in  favor  of  allowing  Section  9, 
Article  XV  of  the  present  constitution  to  remain  unchanged.  If  a  cross-mark  is 
placed  opposite  both  phrases  or  neither  phrase,  then  the  vote  upon  that  subject 
shall  not  be  counted. 

Section  5.  If  the  votes  for  license  shall  exceed  the  votes  against  license, 
then  the  article  *  *  *  above  mentioned  shall  become  a  part  of  Article  XV  of  the 


L 


3 


35  constitution,  regardless  of  whether  any  revision,  alterations,  or  other  amendments 

36  submitted  to  the  people  shall  be  adopted  or  rejected.  And  if  the  votes  against 

37  license  shall  exceed  those  for  license,  then  Section  p ,  Article  XV  of  the  present 
.38  constitution  shall  remain  unchanged. 


» 


\ 


i 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  16 


MR.  ELSON. 


PROPOSAL 

p 

\  » 

To  submit  an  amendment  to  Sections  1-4,  Article  3,  of  the 
constitution. — Relative  to  the  election  of  state  of¬ 
ficials. 

Resolved,  That  a  proposal  to  amend  the  Constitution  shall  he  submitted  to 

2  the  electors  to  read  as  follows : 

3  Section  i.  (Executive  department.)  The  executive  department  shall  con- 

4  sist  of  a  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  state, 
6  treasurer  of  slate,  and  an  attorney  general.  The  governor,  lieutenant  governor, 

6  and  auditor  of  state  shall  be  elected  on  the  first  Tuesday  after  the  first  Mon- 

7  day  in  November,  by  the  electors  of  the  state,  and  at  the  places  of  voting  for 

8  members  of  the  general  assembly. 

0  Sect  ion  2.  (Term  of  office.)  The  governor  and  lieutenant  governor  shall 

♦ 

10  hold  their  offices  for  two  years,  and  the  auditor  for  four  years.  Their  terms 

11  of  office  shall  commence  on  the  second  Monday  of  January  next  after  their 

12  election,  and  continue  until  their  successors  are  elected  and  qualified. 

13  Section  5.  (Executive  powers  vested  in  governor.)  The  supreme  exectt- 

14  tive  power  of  this  state  shall  be  vested  in  the  governor.  He  shall  appoint  the 


2 


15  secretary  of  state,  treasurer  of  state,  attorney  general,  members  of  the  board 

16  of  public  works,  dairy  and  food  commissioner,  and  commissioner  of  common 

17  schools,  and  shall  have  authority  to  remove  any  of  said  officials  so  appointed. 


Ordered  printed,  as  reported  by  committee  on  County  and  Township  Organization. 


liUuUJSSRHB) 

Fourth  Constitutional  f  , 

Convention.  j  A  Ill.  PrOpOSal  No.  17 

MR.  BAUM. 


PROPOSAL 


To  submit  an  amendment  to  article  X,  sections  2  and  3  of  the 
constitution. — To  limit  the  terms  of  county  officers. 

Resolved,  by  the  Constitutional  C onvention  of  the  state  of  Ohio,  That  a  pro- 

2  posal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows  : 

4  ARTICLE  X. 

5  Section  2.  County  officers  shall  be  elected  on  the  first  Tuesday  after  the 

6  first  Monday  in  November,  by  the  electors  of  each  county  in  such  manner  as 

0 

7  may  be  provided  by  law. 

8  Section  3.  No  person  shall  be  eligible  for  re-election  for  any  county  office 

9  to  succeed  himself.  The  term  of  such  officer  shall  be  four  years.  The  several 

10  terms  of  such  officers,  except  treasurer,  shall  commence  on  the  first  Monday 

11  of  January  next  following  their  election. 


, 


' . 

• 

. 

. 

§4 

* 

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■ 

• 

- 

. 

ORDERED  PRINTED. 


Fourth  Constitutional 

► 

Convention. 


Sub. 


Proposal  No.  64 


MR.  MILLER,  of  Fairfield. 


PROPOSAL 

Relative  to  the  Conservation  of  our  Natural  Resources. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  The  General  Assembly,  may  in  order  to  encourage  the  propagation,  planting 

5  and  cultivation  of  forestry,  pass  laws  exempting  from  taxation,  in  whole  or  in 

6  part,  wood  lots  or  plantations  devoted  exclusively  to  forestry  or  to  the  growing 

7  of  forest  trees. 

g  The  General  Assembly  may  also  provide  for  re-foresting  and  holding  as 

<)  forest  reserves  such  lands  or  part  of  lands  as  has  been  or  may  be  forfeited  to  the 

10  state  and  they  may  authorize  the  acquiring  of  other  lands  for  that  purpose. 


Ordered  printed  as  reported  by  committee  on  Judiciary  and  Bill  ot  Rights. 


Fourth  Constitutional 

► 

Convention. 


Sub.  Proposal  No.  134 


MR.  HALENKAMP. 

\ 


PROPOSAL 


To  submit  an  amendment  to  Article  I,  of  the  constitution. — 

Relative  to  injunctions. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Laws  may  be  passed  prescribing  rules  and  regulations,  for  the  conduct  of 

5  cases  and  business  in  the  supreme  court  and  other  courts  of  the  state,  and  for 

0  the  regulation  of  proceedings  in  contempt,  and  the  limitation  of  the  power  to 

7  punish  persons  adjudged  guilty  of  contempt,  and  any  person  charged  with  con- 

8  tempt,  not  committed  in  the  presence  of  the  court,  shall,  upon  demand,  be 

9  granted  a  trial  by  jury.  Orders  of  injunction  or  other  orders  of  a  like  character 

♦ 

10  or  similar  effect  shall  not  be  made  or  issued  in  any  case  involving  the  employ- 

11  ment  of  labor  or  in  any  controversy  between  employer  and  employee. 


• 

Ordered  Printed,  as  it  would  appear  if  the  majority  report  of  the  Committee  on  Taxation  is  agreed  to. 


Fourth  Constitutional 
Convention. 


1 


Proposal  No.  170 


MR.  WORTHINGTON. 


PROPOSAL 

• 

To  submit  an  amendment  to  Article  XII,  Sections  i,  2,  3  and 
4,  of  the  constitution,  and  to  renumber  present  Sections 
5  and  6  as  Sections  6  and  7,  respectively  —  Relative  to 
taxation. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  levying  of  taxes  by  the  poll  is  grievous  and  oppressive ; 

5  therefore  no  poll  tax  shall  ever  be  levied  in  this  state,  nor  service  required 

6  therein,  which  may  be  commuted  in  money  or  other  thing  of  value. 

7  Section  2.  The  general  assembly  shall  provide  for  raising  revenue  for 

g  each  year  sufficient  to  pay  the  expenses  of  the  state,  *  *  *  the  interest  on 

9  the  state  debt,  the  state  common  school  fund  of  not  less  than  two  dollars  per 

10  capita  of  the  school  enumeration  and  the  university  fund  of  not  less  than  seven 

11  hundred  and  fifty  thousand  dollars  to  be  distributed  between  the  state  supported 

12  universities  as  may  be  provided  by  law,  by  excise  taxes  on  successions  or  inherit- 

13  ances  or  incomes  or  on  the  business  and  franchises  of  corporations,  and  also  by 


14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 


2 


assessment  upon  the  counties  of  the  state,  or  so  many  of  the  sources  of  revenue 
aforesaid  as  the  general  assembly  may  deem  best. 

Section  3.  Every  assessment  upon  the  counties  of  the  state  under  the 
preceding  section,  shall  be  apportioned  among  such  counties  ratably  in  propor¬ 
tion  to  the  aggregate  amount  expended  during  the  preceding  year  in  each  county, 
by  the  county  and  all  political  subdivisions  thereof. 

Section  4.  Laws  shall  be  passed  applicable  to  all  counties  which  may  elect 
to  be  governed  thereby,  pursuant  to  section  six  hereof,  providing  that  the  revenue 
necessary  for  all  purposes  of  such  counties,  and  all  taxing  districts  therein,  shall 
be  raised  by  taxes  levied  on  the  property  therein  described,  which  property  may 
be  classified;  and  if  it  be  classified  the  taxation  shall  be  uniform  on  all  prop¬ 
erty  belonging  to  the  same  class,  though  the  rate  imposed  upon  property  of 
one  class  may  differ  from  that  imposed  upon  property  of  another  class;  pro¬ 
vided,  that  bonds  of  the  State  of  Ohio  and  of  any  city,  village,  hamlet,  county, 
township  or  board  of  education  therein,  shall  be  exempt  from  taxation. 

Section  5.  Laws  shall  also  be  passed,  applicable  to  all  counties  which  may 
not  elect  to  be  governed  by  the  laws  to  be  passed  under  section  four  hereof, 
providing  for  raising  the  revenues  necessary  for  such  counties  and  all  taxing 
districts  therein  by  taxing  under  a  uniform  rule  all  moneys,  credits,  investments 
in  bonds,  stocks,  joint  stock  companies,  or  otherwise,  and  also  all  real  and  per¬ 
sonal  property  therein,  according  to  its  true  value  in  money,  excepting  bonds 
of  the  State  of  Ohio,  bonds  of  any  city,  village,  hamlet,  county,  or  township  in 
this  state,  and  bonds  issued  in  behalf  of  the  public  schools  of  Ohio,  and  the 
means  of  instruction  in  connection  therewith,  which  bonds  shall  be  exempt  from 
taxation ;  but  burying  grounds,  public  schoolhouses,  houses  used  exclusively  for 


I 


public  worship,  institutions  of  purely  public  charity,  public  property  used,  exclu- 


40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

61 

52 

53 

54 

55 

56 

57 

5S 

50 


3 


sively  for  any  public  purpose,  and  personal  property  to  an  amount  not  exceeding 
in  value  two  hundred  dollars,  for  each  individual,  may,  by  general  laws,  be 
exempted  from  taxation;  but  all  such  laws  shall  be  subject  to  alteration  or 
repeal;  and  the  value  of  all  property,  so  exempetd,  shall,  from  time  to  time, 
be  ascertained  and  published  as  may  be  directed  by  law. 

Section  6.  At  the  general  election  in  November,  1915,  and  every  ten 
years  thereafter,  the  general  assembly  shall  submit  to  the  electors  of  each  county 
the  question  whether  the  revenues  necessary  for  such  county  and  all  taxing  dis¬ 
tricts  therein  shall  be  raised  under  the  laws  then  and  thereafter  passed  under 
section  four  hereof.  If  on  any  such  submission  the  negative  votes  exceed  the 
affirmative  votes  in  any  county,  the  general  assembly  may  re-submit  such  ques¬ 
tion  to  the  electors  of  such  county  at  any  other  November  election.  If  on  any 
such  decennial  or  special  submission  the  affirmative  votes  exceed  the  negative 
votes  in  any  county,  such  county  and  all  taxing  districts  therein  shall  be  gov- 
erned  by  the  laws  passed  pursuant  to  section  four  hereof,  until  on  a  decennial 
submission  the  negative  votes'  shall  exceed  the  affirmative  votes.  But  no  such 
change  of  system  shall  invalidate  taxes  theretofore  assessed  and  levied  pursuant 
to  law. 

Resolved ,  That  section  5  of  said  article  be  renumbered  as  section  6,  and 


that  section  6  of  said  article  be  renumbered  as  section  7. 


I 


•  .j.  . . 

* 

. 


; .... 


.  :•>  •- 


i  •  ’  V  k  •  .> 


•  *4 


•  *<• 


\ 


- 


. 


ORDERED  PRINTED.  AS  IT  WOULD  APPEAR  IF  THE  MINORITY  REPORT  OF  THE  COMMITTEE  ON 

TAXATION  IS  AGREED  TO. 


Fourth  Constitutional 
Convention. 


Proposal  No.  170 


PROPOSAL 

4 

MR.  WORTHINGTON. 

To  submit  an  amendment  to  Article  XII,  Sections  2,  3  and 
4,  of  the  constitution,  and  to  renumber  present  Sections 
5  and  6  as  Sections  6  and  7,  respectively. — Relative  to 
taxation. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  general  assembly  shall  never  levy  a  poll  tax. 

5  Section  2.  Property  shall  never  be  so  classified  as  to  permit  taxes  to  be 

6  levied  at  different  rates  for  different  classes,  but  all  real  and  personal  property, 

7  tangible  and  intangible,  shall  be  taxed  by  a  uniform  rule  according  to  its  true 

8  value  in  money;  but  burying  grounds,  public  schoolhouses,  houses  used  exclu- 

9  sively  for  public  worship,  institutions  of  purely  public  charity,  public  property 

10  used  exclusively  for  any  public  purpose,  personal  property  to  an  amount  not 

11  exceeding  two  hundred  dollars  for  each  individual,  and  deductions  of  bona  fide 

12  debts  from  credits,  may,  by  general  laws,  be  exempted  from  taxation;  but  all 


2 


13  laws  providing  for  such  exemptions  shall  be  subject  to  alteration  or  repeal. 

14  Section  3.  All  property  employed  in  banking,  shall  always  bear  a  burden 

15  of  taxation  equal  to  that  imposed  on  the  property  of  individuals. 

16  Section  4.  The  general  assembly  shall  provide  for  raising  revenue,  suf- 

17  ficient  to  defray  the  expenses  of  the  state,  for  each  year,  and  also  a  sufficient 

18  sum  to  pay  the  interest  on  the  state  debt. 

19  Section  5.  No  tax  shall  be  levied,  except  in  pursuance  of  law ;  and  every 

20  law  imposing  a  tax,  shall  state,  distinctly,  the  object  of  the  same,  to  which  only, 

21  it  shall  be  applied. 

22  Section  6.  Except  as  otherwise  provided  in  this  constitution  the  state  shall 

23  never  contract  any  debt  for  purposes  of  internal  improvement. 

24  Section  7.  The  maximum  rate  of  taxes  that  may  be  levied  for  all  purposes 

25  shall  not  in  any  year  exceed  ten  mills  on  each  dollar  of  the  total  value  of  all 

26  property,  as  listed  and  assessed  for  taxation,  in  any  township,  city,  village,  school 

27  district,  or  other  taxing  district.  Additional  levies,  not  exceeding  in  any  year 
•  ' 

28  a  maximum  of  five  mills,  for  all  purposes,  on  each  dollar  of  the  total  value  of 

26  all  the  property  therein,  as  listed  and  assessed  for  taxation,  in  any  taxing  dis- 

36  trict,  may  be  levied  when  such  additional  levies  are  authorized  by  a  majority 

81  vote  of  the  electors  voting  thereon  at  an  election  held  for  such  purpose;  but 

32  in  no  case  shall  the  combined  maximum  rate  of  taxes  for  all  purposes,  levied 


33  in  any  year  in  any  township,  city,  village,  school  district,  or  other  taxing  dis- 


34 


35 

V*j5' 


1  v 


trict,  exceed  fifteen  mills  on  each  dollar  of  the  total  value  of  all  the  property, 

as  listed  and  assessed  for  taxation,  in  such  district.  No  county,  city,  village, 

iq  ^ndT'jq  ./jnr.t’vj  /leauq  10  -norm 

school  district,  township,  or  other  taxing  district,  shall  ever  create  or  incur  a  net 

e.-ofin:  ns  vjigooiq  isno<-~'->q  .^gocnu'i  oil; 


3« 

,37. 

.  38  .city  or  village  purposes,  one  per  cent,  for  school  purposes  and  one  per  cent. 

IIstu'.’  :  rons/fX  ,r:  .-f  hajqmsxs  so  .1  7/  •  • 


indebtedness  , in  excess  of  one  per  cent,  for  county  purposes,  four  per  cent,  for 


nom.db  dub  ... 


80 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 


3 


for  township  or  other  taxing  district  purposes,  of  the  total  value  of  all  the 
property,  as  listed  and  assessed  for  taxation  in  such  county,  city,  village,  school 
district,  township,  or  other  taxing  district.  No  indebtedness  not  payable  out 
of  current  receipts  shall  hereafter  be  created,  incurred,  refunded,  renewed,  or 
extended,  without  at  the  same  time  a  coincidental  tax  being  levied,  which  shall 
be  maintained  sufficient  to  pay  principal  and  interest  at  maturity. 

Section  8.  Laws  may  be  enacted  providing  for  the  taxation  of  the  right 
to  receive  or  succeed  to  estates,  and  such  tax  may  be  uniform  or  it  may  be 
so  graduated  as  to  tax  at  a  higher  rate  the  right  to  receive  or  to  succeed  to 
estates  of  larger  value  than  to  estates  of  smaller  value.  A  portion  of  each 
estate  not  exceeding  twenty  thousand  dollars  in  value  may  be  exempted  from 
such  tax. 

Section  9.  Laws  may  be  enacted  providing  for  the  taxation  of  incomes, 
which  tax  may  be  either  uniform  or  graduated,  and  either  general  or  confined 
to  income  derived  from  investments  not  directly  taxed  in  this  state,  but  a  part 
of  each  income  not  exceeding  three  thousand  dollars  in  any  one  year  may  be 
exempt  from  such  tax. 

Section  10.  Taxes  may  be  imposed  upon  the  production  of  coal,  oil,  gas 
and  other  minerals. 

Section  ii.  Revenues  for  the  payment  of. the  expenses  of  the  state  may 
be  provided  by  assessment  upon  the  counties,  but  every  such  assessment  shall 
be  apportioned  among  all  the  counties  ratably  in  proportion  to  the  aggregate 
amount  expended  during  the  preceding  year  in  each  county  by  the  county  and 
all  political  subdivisions  thereof. 


I 


ORDERED  PRINTED.  AS  READ  THE  SECOND  TIME. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  170 


MR.  WORTHINGTON. 


PROPOSAL 

To  submit  an  amendment  to  Article  XII,  Sections  i,  2  and  6, 
of  the  constitution,  and  to  add  thereto  sections  to  be 
known  as  Sections  7  and  8. — Relative  to  taxation. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  levying  of  taxes  by  the  poll  is  grevious  and  oppressing; 

5  therefore  no  poll  tax  shall  ever  be  levied  in  this  state,  nor  service  required  therein, 

4  which  may  be  commuted  in  money  or  other  thing  of  value. 

7.  Section  2.  Laws  shall  be  passed,  taxing  by  a  uniform  rule,  all  moneys, 

g  credits,  investments  in  bonds,  stocks,  joint  stock  companies,  or  otherwise;  and 

9  also  all  real  and  personal  property  according  to  its  true  value  in  money,  except- 

10  ing  all  bonds  at  present  outstanding  of  the  State  of  Ohio  or  of  any  city,  village, 

11  hamlet,  county,  or  township  in  this  state  or  which  have  been  issued  in  behalf 

12  of  the  public  schools  of  Ohio  and  the  means  of  instruction  in  connection  there- 

13  with,  which  bonds  so  at  present  outstanding  shall  be  exempt  from  taxation ;  but 


14 

15 

16 

17 

18 

19 

20 

21 

22 

28 

24 

25 

26 

27 

28 

29 

30 

81 

32 

33 

34 

35 

36 

37 

38 

39 


2 


burying  grounds,  public  school  houses,  houses  used  exclusively  for  public  wor¬ 
ship,  institutions  of  purely  public  charity,  public  property  used  exclusively  for 
any  public  purpose,  and  personal  property,  to  an  amount  not  exceeding  in  value 
two  hundred  dollars,  for  each  individual,  may  by  general  laws,  be  exempted 
from  taxation;  but  all  such  laws  shall  be  subject  to  alteration  or  repeal;  and  the 
value  of  all  property,  s 0  exempted,  shall,  from  time  to  time,  be  ascertained  and 
published  as  may  be  directed  by  law. 

Section  6.  Except  as  otherwise  provided  in  this  constitution  the  state  shall 
never  contract  any  debt  for  purposes  of  internal  improvement. 

Section  7.  Laws  may  be  enacted  providing  for  the  taxation  of  the  right 
to  receive  or  succeed  to  estates,  and  such  tax  may  be  uniform  or  it  may  be 
so  graduated  as  to  tax  at  a  higher  rate  the  right  to  receive  or  to  succeed  to 
estates  of  larger  value  than  to  estates  of  smaller  value.  A  portion  of  each 
estate  not  exceeding  twenty  thousand  dollars  in  value  may  be  exempted  from 
such  tax. 

Section  8.  Laws  may  be  enacted  providing  for  the  taxation  of  incomes, 
which  tax  may  be  either  uniform  or  graduated,  and  either  general  or  confined 
to  income  derived  from  investments  not  directly  taxed  in  this  state,  but  a  part 
of  each  income  not  exceeding  three  thousand  dollars  in  any  one  year  may  be 
exempt  from  such  tax. 

Section  9.  The  maximum  rate  of  taxes  that  may  be  levied  for  all  purposes 
shall  not  in  any  year  exceed  twelve  mills  on  each  dollar  of  the  total  value  of  all 
property,  as  listed  and  assessed  for  taxation  in  any  taxing  district  wholly  outside 
of  municipalities  and  not  to  exceed  fifteen  mills,  exclusive  of  sinking  fund  and 
interest  charges,  in  any  taxing  district  wholly  or  partially  within  municipalities. 
Additional  levies,  not  exceeding  in  any  year  a  maximum  of  five  mills,  for  all 


c 


c 


3 


40  purposes,  on  each  dollar  of  the  total  value  of  all  the  property  therein,  as  listed 

41  and  assessed  for  taxation,  in  any  taxing  district,  may  be  levied  when  such  addi- 

42  tional  levies  are  authorized  by  a  majority  vote  of  the  electors  voting  thereon  at 

43  an  election  held  for  such  purpose. 


* 


. 


ORDERED  PRINTED,  AS  IT  WOULD  APPEAR  IF  THE  AMENDMENT  OFFERED  BY  MR.  WORTHINGTON 

SHOULD  PREVAIL. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  184 


MR.  PECK. 


PROPOSAL 


To  submit  an  amendment  to  Article  IV,  Sections  i,  2,  and 
6,  of  the  constitution. — Relating  to  the  supreme  and  cir¬ 
cuit  courts. — Judicial. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  appellate  courts,  courts  of  common  pleas,  courts  of  probate,  justices  of  the  peace, 

6  and  such  other  courts  inferior  to  the  appellate  courts  as  the  General  Assembly 

7  may  from  time  to  time  establish. 

8  Section  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  six 

9  judges,  and  the  judges  now  in  office  in  that  court  shall  continue  therein  until 

10  the  end  of  the  terms  for  which  they  were  respectively  elected,  unless  they  are 

11  removed,  die  or  resign.  A  majority  of  the  supreme  court  shall  be  necessary 

12  to  constitute  a  quorum  or  pronounce  a  decision.  It  shall  have  original  juris- 


13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

t 

33 

34 

35 

36 

37 

38 


2 


diction  in  quo  warranto,  mandamus,  habeas  corpus,  prohibition  and  procedendo, 
and  appellate  jurisdiction  in  all  cases  involving  questions  arising  under  the  con¬ 
stitution  of  the  United  States  or  of  this  state,  and  in  cases  wherein  the  death 
penalty  or  imprisonment  for  life  has  been  adjudged  against  any  person  by  the 
courts  below,  also  in  cases  which  originated  in  the  appellate  courts,  and  such 
revisory  jurisdiction  of  the  proceedings  of  administrative  officers  as  may  be  con¬ 
ferred  by  law.  It  shall  hold  at  least  one  term  in  each  year  at  the  seat  of  gov¬ 
ernment,  and  such  other  terms,  there  or  elsewhere,  as  may  be  provided  by  law. 
The  chief  justice  and  the  judges  of  the  supreme  court  shall  be  elected  by  t(he 
electors  of  the  state  at  large  for  such  terms,  not  less  than  six  years,  *  *  * 

and  they  shall  be  elected,  and  their  official  term  shall  begin,  at  such  time  as 
may  now  or  hereafter  be  fixed  by  law.  The  supreme  court  may,  within  such 
limitation  of  time  as  may  be  prescribed  by  law,  cause  the  record  or  records  of 
any  judgment  or  judgments  rendered  by  the  appellate  courts  in  cases  of  public 
or  general  interest,  or  involving  the  construction  of  a  statute,  or  where  tivo  or 
more  appellate  courts  have  rendered  conflicting  judgments  upon  the  same  or 
similar  questions,  to  be  certified  to  it,  and  may  review,  and  affirm  or  modify  said 
judgments  or  any  of  them,  or  reverse  the  same,  and  render  final  judgment  or 
remand  the  cause  for  further  proceedings. 

Section  6.  The  state  shall  be  divided  into  *  *  *  appellate  districts 
of  compact  territory,  and  divided  by  county  lines,  in  each  of  which  there  shall 
be  an  appellate  court  consisting  of  three  judges.  Until  altered  by  statute  the 
*  *  *  circuits  in  which  circuit  courts  are  now  held  shall  constitute  the  appel¬ 

late  districts  aforesaid,  and  the  judges  of  the  circuit  courts  therein  shall  consti¬ 
tute  the  respective  appellate  courts,  and  perform  the  duties  thereof  until  the  ex¬ 
piration  of  their  respective  terms  of  office;  vacancies  occurring  -prior  to  such 


39 

40 

41 

42 

43 

44 

45 

4G 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 


3 


expiration  shall  he  filled  by  appointment  of  the  governor  for  the  unexpired  term. 
Their  successors  shall  hold  office  for  such  term ,  not  less  than  six  years,  as  may 
be  prescribed  by  lazv.  Vacancies  caused  by  the  expiration  of  the  terms  of  office 
of  the  judges  of  the  appellate  courts  shall  be  filled  by  election  by  the  electors 
of  the  appellate  districts,  respectively;  in  which  said  vacancies  shall  arise.  Laws 
shall  be  passed  prescribing  the  time  and  mode  of  such  election,  and  the  number 
of  districts  or  the  boundaries  thereof  may  be  altered  by  lazv;  but  no  such  change 
shall  abridge  the  term  of  any  judge  then  in  office;  and  upon  any  such  change 
the  judges  of  the  appellate  courts  whose  districts  shall  have  been  altered  shall 

V 

be  re-assigned  to  duty  by  the  chief  justice  of  the  supreme  court.  The  appellate 
court  shall  hold  one  or  more  terms  in  each  year  at  such  places  in  the  district 
as  the  judges  may  determine  upon,  and  the  county  commissioners  of  any  county 
in  which  the  appellate  court  shall  hold  sessions  shall  make  proper  and  convenient 
provision  for  the  holding  of  such  courts  by  its  judges  and  officers.  Each  judge 
of  an  appellate  court  shall  be  competent  to  exercise  his  judicial  powers  in  any 
appellate  district  of  the  state;  and  provision  shall  be  made  by  lazv  for  the  rotation 
of  such  judges  throughout  such  districts. 

The  respective  appellate  court  shall  continue  the  work  of  the  circuit  court, 
and  all  pending  cases  and  proceedings  in  the  circuit  court  shall  proceed  to  judg¬ 
ment  and  be  determined  by  the  appellate  court,  subject  to  the  provisions  hereof, 
and  the  existence  of  the  circuit  court  shall  be  merged  into  and  its  work  con- 

9  ' 

tinued  by  the  appellate  court. 

The  appellate  courts  shall  have  original  jurisdiction  in  quo  warranto,  man¬ 
damus,  habeas  corpus,  prohibition  and  procedendo,  and  appellate  jurisdiction  to 
review,  and  affirm,  modify,  or  reverse  the  judgments  of  the  courts  of  common 
pleas  and  other  courts  of  record  within  the  district,  in  all  cases,  and  judgments 


4 


65  of  said  appellate  courts  shall  be  final  in  all  cases,  except  as  otherwise  provided  in 

66  Section  2  hereof.  The  appellate  court  may  certify  to  the  supreme  court  for 

67  decision  questions  of  law  arising  in  any  case  upon  which  it  desires  the  advice 

68  of  that  court;  and  the  supreme  court  may  in  such  cases  require  the  record  of 

69  the  case  in  which  the  questions  arise  to  he  certified  to  it,  and  may  render  judg- 

70  merit  thereon. 


ORDERED  PRINTED.  AS  IF  WOULD  APPEAR  IF  THE  AMENDMENT  OFFERED  BY  MR.  TAGGART 

SHOULD  PREVAIL. 


Fourth  Constitutional 
Convention. 


ftiSOStfo 

Am.  Proposal  No.  184 


MR.  PECK. 


PROPOSAL 

To  submit  an  amendment  to  Article  IV,  Sections  i,  2,  and 
6,  of  the  constitution. — Relating  to  the  supreme  and  cir¬ 
cuit  courts. — Judicial. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  appellate  courts,  courts  of  common  pleas,  courts  of  probate,  justices  of  the  peace 

6  and  such  other  courts  inferior  to  the  appellate  court  as  the  General  Assembly 

7  may  from  time  to  time  establish. 

S  Section  2.  The  supreme  court  shall,  until  otherwise  provided  by  lazv,  con- 

9  sist  of  a  Chief  Justice  and  six  judges,  and  the  judges  now  in  office  in  that  court 

49  shall  continue  therein  until  the  end  of  the  terms  for  which  they  were  respectively 

11  elected,  unless  they  are  removed,  die  or  resign.  A  majority  of  the  supreme 

•  • 

12  court  shall  he  necessary  to  constitute  a  quorum  or  pronounce  a  decision,  except 

13  as  hereinafter  provided.  It  shall  have  original  jurisdiction  in  quo  warranto, 


14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

87 

38 

39 


2 


mandamus,  habeas  corpus,  procedendo  and  appellate  jurisdiction  in  all  cases 
involving  questions  arising  under  the  constitution  of  the  United  States  or  of 
this  state  and  in  cases  wherein  the  death  penalty,  or  imprisonment  for  life  has 
been  adjudged  against  any  person  by  the  courts  below,  also  in  cases  which  origi¬ 
nated  in  the  appellate  courts  and  such  other  appellate  jurisdiction  as  may  be 
conferred  by  law.  It  shall  hold  at  least  one  term  in  each  year  at  the  seat  of 
government  and  such  other  terms,  there  or  elsewhere,  as  may  be  provided  by 
law.  The  Chief  Justice  and  the  judges  of  the  supreme  court  shall  be  elected 
by  the  electors  of  the  state  at  large  for  such  terms,  not  less  than  six  years,  as 
the  General  Assembly  may  prescribe  and  they  shall  be  elected  and  their  official 
term  shall  begin  at  such  time  as  may  now  or  hereafter  be  fixed  by  law.  *  *  *  * 
No  statute  adopted  by  the  General  Assembly  shall  be  held  unconstitutional  and 
void  by  any  proceedings  in  this  Court  except  by  the  concurrence  of  five  of  the 
judges  of  the  supreme  court. 

Section  6.  The  state  shall,  until  otherwise  provided  by  law ,  be  divided 
into  nine  appellate  districts  of  compact  territory  and  divided  by  county  lines  in 
each  of  which  there  shall  be  an  appellate  court  consisting  of  three  judges.  *  * 

*  *  The  judges  of  the  circuit  courts  now  residing  in  their  respective  districts 

shall  continue  to  be  judges  of  the  respective  appellate  courts  in  such  districts 
and  perform  the  duties  thereof  until  the  expiration  of  their  respective  terms 
of  office.  *  *  *  Vacancies  caused  by  the  expirations  of  the  terms  of  office 

of  the  judges  of  the  appellate  courts  shall  be  filled  by  the  electors  of  the  ap¬ 
pellate  districts  respectively  in  udiich  such  vacancies  shall  arise  and  the  same 
number  shall  be  elected  in  each  district.  The  General  Assembly  shall  prescribe 
the  time  and  mode  of  such  election  and  may  alter  the  number  of  districts  or 
the  boundaries  thereof,  but  no  such  change  shall  abridge  the  term  of  any  judge 


40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

66 

57 


3 


then  in  office.  The  appellate  courts  shall  hold  one  or  more  terms  in  each  year 
in  each  county  of  the  district ,  as  the  judges  may  determine  upon,  and  the  county 
commissioners  of  any  county  in  which  the  appellate  courts  shall  hold  sessions 
shall  make  proper  and  convenient  provisions  for  the  holding  of  such  courts  by 
its  judges  and  officers.  Each  judge  *  *  *  shall  be  competent  to  exercise 

nis  judicial  powers  in  any  district  of  the  state. 

The  repective  appellate  courts  shall  continue  the  work  of  the  circuit  court 
and  all  pending  cases  and  proceedings  in  the  circuit  courts  shall  proceed  to 
judgment  and  be  determined  by  the  appellate  court,  subject  to  the  provisions 
hereof,  and  the  existence  of  the  circuit  court  shall  be  merged  into  and  its  work 
continued  by  the  appellate  courts. 

The  appellate  courts  shall  have  like  original  jurisdiction  in  quo  warranto, 
mandamus,  habeas  corpus  and  procedendo  and  such  other  appellate  jurisdiction 
to  review,  *  *  *  affirm,  modify,  or  reverse  the  judgments  of  the  courts 

of  common  pleas  and  superior  courts  within  the  district  as  may  be  provided  by 
law.  No  judgment  of  the  court  of  common  pleas  and  superior  courts  shall  be 
reversed  except  by  the  concurrence  of  tivo  of  the  judges  of  the  appellate 
court  *  *  *. 


■' 


■ 


' 


.  i. 


/ 


ORDERED  PRINTED.  AS  IF  WOULD  APPEAR  IF  THE  AMENDMENT  OFFERED  BY  MR.  TAGGART 

SHOULD  PREVAIL. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  184 


MR.  PECK. 


PROPOSAL 

To  submit  an  amendment  to  Article  IV,  Sections  i,  2,  and 
6,  of  the  constitution. — Relating  to  the  supreme  and  cir¬ 
cuit  courts. — Judicial. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  appellate  courts,  courts  of  common  pleas,  courts  of  probate,  justices  of  the  peace 

6  and  such  other  courts  inferior  to  the  appellate  court  as  the  General  Assembly 

7  may  from  time  to  time  establish. 

8  Section  2.  The  supreme  court  shall,  until  otherwise  provided  by  law,  con- 

0  sist  of  a  Chief  Justice  and  six  judges,  and  the  judges  now  in  office  in  that  court 

10  shall  continue  therein  until  the  end  of  the  terms  for  which  they  were  respectively 

11  elected,  unless  they  are  removed,  die  or  resign.  A  majority  of  the  supreme 

12  court  shall  be  necessary  to  constitute  a  quorum  or  pronounce  a  decision,  except 

13  as  hereinafter  provided.  It  shall  have  original  jurisdiction  in  quo  warranto, 


14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 


2 


mandamus,  habeas  corpus,  procedendo  and  appellate  jurisdiction  in  all  cases 
involving  questions  arising  under  the  constitution  of  the  United  States  or  of 
this  state  and  in  cases  wherein  the  death  penalty,  or  imprisonment  for  life  has 
been  adjudged  against  any  person  by  the  courts  below,  also  in  cases  which  origi¬ 
nated  in  the  appellate  courts  and  such  other  appellate  jurisdiction  as  may  be 
conferred  by  laze.  It  shall  hold  at  least  one  term  in  each  year  at  the  seat  of 
government  and  such  other  terms,  there  or  elsewhere,  as  may  be  provided  by 
law.  The  Chief  Justice  and  the  judges  of  the  supreme  court  shall  be  elected 
by  the  electors  of  the  state  at  large  for  such  terms',  not  less  than  six  years,  as 
the  General  Assembly  may  prescribe  and  they  shall  Jae  elected  and  their  official 
term  shall  begin  at  such  time  as  may  now  or  hereafter  be  fixed  by  law.  *  *  *  * 
No  statute  adopted  by  the  General  Assembly  shall  be  held  unconstitutional  and 
void  by  any  proceedings  in  this  Court  except  by  the  concurrence  of  five  of  the 
judges  of  the  supreme  court. 

Section  6.  The  state  shall,  until- otherwise  provided  by  law,  be  divided 
into  nine  appellate  districts  of  compact  territory  and  divided  by  county  lines  in 
each  of  which  there  shall  be  an  appellate  court  consisting  of  three  judges.  *  * 

*  *  The  judges  of  the  circuit  courts  now  residing  in  their  respective  districts 

shall  continue  to  be  judges  of  the  respective  appellate  courts  in  such  districts 
and  perform  the  duties  thereof  until  the  expiration  of  their  respective  terms 
of  office.  *  *  *  Vacancies  caused  by  the  expirations  of  the  terms  of  office 
of  the  judges  of  the  appellate  courts  shall  be  filled  by  the  electors  of  the  ap¬ 
pellate  districts  respectively  in  zvhich  such  vacancies  shall  arise  and  the  same 
number  shall  be  elected  in  each  district.  The  General  Assembly  shall  prescribe 

the  time  and  mode  of  such .  election  and  may  alter  the  number  of  districts  or 

•  • 

the  boundaries  thereof,  but  no  such  change  shall  abridge  the  term  of  any  judge 


40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

64 

55 

56 

57 


3 


then  in  office.  The  appellate  courts  shall  hold  one  or  more  terms  in  each  year 
in  each  county  of  the  district ,  as  the  judges  may  determine  upon,  and  the  county 
commissioners  of  any  county  in  which  the  appellate  courts  shall  hold  sessions 
shall  make  proper  and  convenient  provisions  for  the  holding  of  such  courts  by 
its  judges  and  officers.  Each  judge  *  *  *  shall  be  competent  to  exercise 

nis  judicial  powers  in  any  district  of  the  state. 

The  repective  appellate  courts  shall  continue  the  work  of  the  circuit  court 
and  all  pending  cases  and  proceedings  in  the  circuit  courts  shall  proceed  to 
judgment  and  be  determined  by  the  appellate  court ,  subject  to  the  provisions 
hereof,  and  the  existence  of  the  circuit  court  shall  be  merged  into  and  its  work 
continued  by  the  appellate  courts. 

The  appellate  courts  shall  have  like  original  jurisdiction  in  quo  warranto, 
mandamus,  habeas  corpus  and  procedendo  and  such  other  appellate  jurisdiction 
to  review,  *  *  *  affirm,  modify,  or  reverse  the  judgments  of  the  courts 

of  common  pleas  and  superior  courts  within  the  district  as  may  be  provided  by 
law.  No  judgment  of  the  court  of  common  pleas  and  superior  courts  shall  be 
reversed  except  by  the  concurrence  of  two  of  the  judges  of  the  appellate 


court  *  *  *. 


V 


x 


’  .  ■' 


•  ■ 


C 


•  * 


■  ■  ?.? 


c 


ORDERED  PRINTED,  AS  IT  WOULD  APPEAR  IF  THE  AMENDMENT  OFFERED  BY  MR.  PECK 

SHOULD  PREVAIL. 


Fourth  Constitutional 
Convention. 


ounnn) 

Am.  Proposal  No.  184 


MR.  PECK. 


PROPOSAL 

To  submit  an  amendment  to  Article  IV,  Section  i,  2,  and 
6,  of  the  constitution. — Relating  to  the  supreme  and  cir- 
;  r  %  cuit  courts. — Judicial. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio ,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  courts  of  appeals,  courts  of  common  pleas,  courts  of  probate,  and  such  other 

6  courts  inferior  to  the  courts  of  appeals  as  may  from  time  to  time  be  established 

7  by  law. 

g  Section  2.  The  supreme  court  shall,  until  otherwise  provided  by  law, 

9  consist  of  six  judges,  and  the  judges  now  in  office  in  that  court  shall  continue 

10  therein  until  the  end  of  the  terms  for  which  they  were  respectively  elected,  unless 

11  they  are  removed,  die  or  resign.  A  majority  of  the  supreme  court  shall  be  nec- 

12  essary  to  constitute  a  quorum  or  pronounce  a  decision,  except  as  hereinafter 

13  provided.  It  shall  have  original  jurisdiction  in  quo  warranto,  mandamus,  habeas 

14  corpus,  prohibition,  procedendo  and  appellate  jurisdiction  in  all  cases  involving 


2 


15  questions  arising  under  the  constitution  of  the  United  States  or  of  this  state 

16  and  in  cases  of  felony  on  leave  first  obtained,  also  in  cases  which  originated  in 

17  the  courts  of  appeals  and  such  revisory  jurisdiction  of  the  proceedings  of  ad- 

18  ministrative  officers  as  may  be  conferred  by  law.  It  shall  hold  at  least  one 

19  term  in  each  year  at  the  seat  of  government,  and  such  other  terms,  there  or 

20  elsewhere,  as  may  be  provided  b)ilaw.  The  judges  of  the  supreme  court  shall 

21  be  elected  by  the  electors  of  the  state  at  large  for  such  terms,  not  less  than  six 

22  years,  and  they  shall  be  elected,  and  their  official  term  shall  begin,  at  such  time 

23  as  may  now  or  hereafter  be  fixed  by  law. 

24  Whenever  the  judges  of  the  supreme  court  shall  be  equally  divided  in 

25  opinion  as  to  the  merits  of  any  case  before  them  and  are  unable  for  that  reason 

26  to  agree  upon  a  judgment  that  fact  shall  be  entered  upon  the  record  and  such 

27  entry  shall  be  held  to  constitute  an  affirmance  of  the  judgment  of  the  court  below. 

28  No  statute  shall  be  held  unconstitutional  and  void  by  any  proceedings  in 

29  this  court  except  by  the  concurrence  of  five  of  the  judges  of  the  supreme  court. 

3Q  In  cases  of  public  or  great  general  interest  the  supreme  court  may,  within 

34  such  limitation  of  time  as  may  be  prescribed  by  law,  direct  the  court  of  appeals 

32  to  certify  its  record  to  the  supreme  court  and  may  review  and  affirm,  modify 

33  or  reverse  the  judgment  of  the  court  of  appeals. 

34  Section  6.  The  state  shall,  until  otherwise  provided  by  law,  be  divided 

35  into  appellate  districts  of  compact  territory  and  divided  by  county  lines,  in  each 
36*  of  which  there  shall  be  a  court  of  appeals  consisting  of  three  judges.  The  judges 

37  of  the  circuit  courts  now  residing  in  their  respective  districts  shall  continue  to 

38  be  judges  of  the  respective  courts  of  appeals  in  such  districts  and  perform  the 

39  duties  thereof  until  the  expiration  of  their  respective  terms  of  office.  Vacancies 


40  caused  by  the  expirations  of  the  terms  of  office  of  the  judges  of  the  courts  of 


3 


41  appeals  shall  be  filled  by  the  electors  of  the  appellate  districts  respectively  in 

42  which  such  vacancies  shall  arise  and  the  same  number  shall  be  elected  in  each 

43  district.  Laws  may  be  enacted  to  prescribe  the  time  and  mode  of  such  election 

44  and  to  alter  the  number  of  districts  or  the  boundaries  thereof,  but  no  such 

45  change  shall  abridge  the  term  of  any  judge  then  in  office.  The  court  of  appeals 

46  shall  hold  at  least  one  term  annually  in  each  county  and  such  other  terms  at  a 

4T  county  seat  in  the  district,  as  the  judges  may  determine  upon,  and  the  county 

48  Commissioners  of  any  county  in  which  the  court  of  appeals  shall  hold  sessions 

49  shall  make  proper  and  convenient  provisions  for  the  holding  of  such  courts  by 

50  its  judges  and  officers.  Each  judge  shall  be  competent  to  exercise  his  judicial 

51  powers  in  any  district  of  the  state. 

52  The  respective  courts  of  appeals  shall  continue  the  work  of  the  circuit 

53  court  and  all  pending  cases  and  proceedings  in  the  circuit  courts  shall  pro- 

54  ceed  to  judgment  and  be  determined  by  the  courts  of  appeals,  subject  to  the 

55  provisions  hereof,  and  the  existence  of  the  circuit  court  shall  be  merged  into 

56  and  its  work  continued  by  the  courts  of  appeals. 

57  The  Courts  of  Appeals  shall  have  original  jurisdiction  in  quo  warranto, 

58  mandamus,  habeas  corpus,  prohibition  and  procedendo  and  such  other  appellate 

59  jurisdiction  to  review,  affirm,  modify,  or  reverse  the  judgments  of  the  courts 

60  of  common  pleas  and  superior  courts  within  the  district  as  may  be  provided 

61  by  law,  and  judgments  of  said  courts  of  appeal  shall  be  final  in  all  cases, 

62  except  such  as  involve  questions  arising  under  the  constitution  of  this  state, 

63  or  the  United  States,  or  cases  of  felony,  or  cases  of  which  it  has  original  juris- 

64  diction,  or  cases  of  public  or  great  general  interest  in  which  the  supreme  court 

65  may  direct  the  court  of  appeals  to  certify  its  record  to  that  court.  No  judg- 

66  ment  of  the  court  of  common  pleas  and  superior  courts  shall  be  reversed  ex- 


4 


67  cept  by  the  concurrence  of  all  the  judges  of  the  court  of  appeals  on  the  weight 

68  of  the  evidence  and  by  a  majority  of  such  court  of  appeals  upon  other  ques- 

69  lions  and  whenever  the  judges  of  a  court  of  appeals  find  that  a  judgment  upon 

70  which  they  have  agreed  is  in  conflict  with  a  judgment  pronounced  upon  the 

71  same  question  by  any  court  of  appeals  of  the  state,  the  judges  shall  certify  the 

72  record  of  the  case  to  the  supreme  court  for  review  and  final  determination. 

73  The  decisions  in  all  cases  in  the  supreme  court  and  courts  of  appeals  shall 

74  he  reported,  together  with  the  reasons  therefor. 


ORDERED  PRINTED.  AS  ORDERED  ENGROSSED. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  227 


MR.  HARRIS,  of  Ashtabula. 


PROPOSAL 

To  submit  an  amendment  to  Article  XI,  of  the  constitution. — 

Relative  to  legislative  apportionment. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 
2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

,3  as  follows : 

4  Section  i.  The  apportionment  for  members  of  the  general  assembly  shall 

5  be  made  every  ten  years,  prior  to  the  first  election  for  members  of  the  general 

6  assembly  in  each  decennial  period,  in  the  manner  herein  provided. 

7  Section  2.  During  the  month  of  March,  1913,  also  during  the  month  of 

g  March,  1921,  and  each  decennial  period  thereafter,  the  members  of  the  senate 

9  and  house  of  representatives  representing  the  two  leading  political  parties,  respec- 

10  tively,  shall  meet  in  separate  bodies,  and  each  of  said  bodies  shall  designate 

11  two  electors  not  members  of  the  general  assembly  who  shall  forthwith  be  ap- 

12  pointed  by  the  governor  and  said  four  electors  so  designated  and  appointed  shall 

13  constitute  a  commission  who  shall  ascertain  and  determine  the  ratio  of  repre- 


14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 


2 


.mentation  for  members  of  the  house  of  representatives  and  senators,  the  num¬ 
ber  of  representatives  to  which  each  county  is  entitled  and  the  boundaries  of 
each  senatorial  district.  Should  any  vacancy  occur  in  said  commission  the  sena¬ 
tors  of  the  party  making  the  original  designation  shall,  within  ten  days  there¬ 
after,  designate  an  elector  to  fill  such  vacancy,  and  he  shall  forthwith  be  ap¬ 
pointed  by  the  governor. 

Sec  tion  3.  The  population  of  the  state,  as  ascertained  by  the  preceding 
federal  census,  *  *  *  *  shall  be  divided  by  the  number  “one  hundred”  and 

the  quotient  shall  be  the  ratio  o?  representation  in  the  house  of  representatives 
for  the  remainder  of  this  decennial  period  and  each  decennial  period  thereafter. 

Section  4.  Each  county  shall  be  entitled  to  at  least  one  representative; 

each  county  containing  such  ratio,  and  one-half  over  shall  be  entitled  to  two 

% 

representatives ;  each  county  containing  two  and  one-half  ratios  shall  be  entitled 
to  three  representatives,  and  so  on. 

Section  5.  Each  county  entitled  to  more  than  one  representative  shall  be 
divided  by  such  commission  into  as  many  districts  as  there  are  representatives 
apportioned  to  such  county;  and  one  representative  shall  be  chosen  from  each 
district. 

Section  6.  Each  representative  district,  in  counties  entitled  to  more  than 
one  representative,  shall  be  composed  of  compact  territory,  bounded  by  election 
precinct  lines,  and  as  nearly  equal  in  population  as  practicable;  and  each  of 
such  districts  shall  be  numbered. 

Section  7.  The  ratio  for  a  senator  shall  be  ascertained  by  dividing  the 
population  of  the  state  by  the  number  “thirty-five.” 

Section  8.  The  state  shall  be  divided  into  senatorial  districts,  as  herein 


provided,  and  each  district  shall  choose  one  senator. 


3 


40  Section  9.  Each  senatorial  district  shall  be  composed  of  compact  terri- 

41  tory,  as  nearly  equal  in  population  as  practicable,  and  except  as  to  districts  in 

42  counties  entitled  to  two  or  more  senators,  shall  be  bounded  by  county  lines. 

43  Section  10.  Each  county  having  a  population  equal  to  *  *  *  one 

44  senatorial  ratio  shall  constitute  a  senatorial  district.  Each  county  having  a 

45  population  equal  to  one  senatorial  ratio,  and  one-half  over,  shall  be  divided  into 

46  .  two  senatorial  districts.  Each  county  having  a  population  equal  to  two  and  one- 

47  half  ratios  shall  be  divided  into  three  senatorial  districts,  and  so  on;  but  no 

48  election  precinct  shall  be  divided  in  the  formation  of  a  senatorial  district. 

49  Section  ii.  The  apportionment  so  made  for  members  of  the  general  as- 

50  sembly  shall  be  reported  to  the  governor,  by  such  commission,  within  two  months 

51  after  their  appointment,  and  the  general  assembly  shall  provide  by  law  for  pnb- 

52  lishing  said  appointments  and  otherzmse  carrying  into  effect  the  foregoing  pro- 


53 


visions  of  this  article. 


. 


. 


Ordered  printed,  as  reported  by  committee  on  Judiciary  and  Bill  of  Rights. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  230 


MR.  TETLOW. 


PROPOSAL 

Relative  to  the  end  that  the  judicial  interpretation  of  the 
constitution  will  permit  of  the  conservation  of  minerals. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  The  general  assembly  shall  have  full  power  to  provide  for  the  conservation 

5  of  all  the  natural  resources  of  the  state,  and  may  provide  for  the  regulation  of 
0  the  mining,  weighing,  measuring  and  marketing  of  all  minerals. 


ORDERED  PRINTED  AS  REPORTED  BY  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 
Convention. 


1 

) 


Sub.  Proposal  No.  240 


MR.  ANDERSON. 


PROPOSAL 

To  submit  an  amendment  to  Article  I,  of  the  Constitution. — 

In  relation  to  damages  for  wrongful  death. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  .proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  The  right  of  action  to  recover  damages  for  injuries  resulting  in  death  shall 

* 

5  not  be  abrogated  and  such  damages  shall  not  be  subjected  to  any  statutory  limita- 

6  tion  as  to  amount,  but  the  recovery  must  be  for  the  full  amount  of  all  damages 

7  so  sustained. 


I 


1  ■'  •  B' 

c 

. 


* 


^ _ 


( 


Ordered  printed,  as  reported  by  committee  on  Legislative  and  Executive  Department. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No  241 


MR.  DWYER. 


PROPOSAL 

To  submit  an  amendment  to  Article  II,  Section  23,  of  the 
constitution.— Relating  to  impeachment  of  officials. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  23.  The  House  of  Representatives  shall  have  the  sole  power  of 

5  impeachment  of  the  governor,  supreme  court  judges,  and  all  state  officers,  for 

(>  any  misconduct  or  misdemeanor  in  office,  but  a  majority  of  the  members  elected 

7  must  concur  therein.  Such  impeachments  shall  be  tried  by  the  Senate;  and 

g  the  senators,  when  sitting  for  that  purpose,  shall  be  upon  oath  or  affirmation 

9  to  do  justice  according  to  the  law  and  the  evidence.  No  person  shall  be  con- 

10  victed  without  the  concurrence  of  two-thirds  of  the  senators. 

11  Impeachment  proceedings  of  judges  inferior  in  rank  to  the  supreme  court 

12  for  misdemeanor  or  misconduct  in  office,  may  be  preferred  in  writing  before 

13  the  supreme  court  by  the  attorney  general  of  his  own  motion,  or,  on  petition 

14  to  him  for  such  purpose,  by  at  least  five  attorneys  or  ten  citizens  of  the  county 


2 


15  or  judicial  circuit  or  district  where  said  judge  presides.  Same  shall  be  heard 

16  and  decided  by  the  supreme  court,  the  mode  of  procedure  to  be  provided  by  law. 


« 


4 


I 


i 


Ordered  printed,  as  reported  by  committee  on  Legislative  and  Executive  Departments. 


i  TWADit  [y^ylcoywcii.* 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  261 


MR.  HALENKAMP. 


PROPOSAL 

To  submit  an  amendment  to  Article  XV,  Section  n,  of  the 
constitution.  —  Relative  to  state  printing. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows :  . 

i 

4  The  printing  of  the  laws,  journals,  bills,  legislative  documents  and  papers 

5  for  each  branch  of  the  General  Assembly,  with  the  printing  required  for  the 

6  executive  and  other  departments  of  state,  shall  be  let,  on  contract,  to  the  low- 

7  est  responsible  bidder  by  the  state  supervisor  of  public  printing,  or  may  be  done 

8  direct  by  the  state  through  the  department  of  public  printing,  in  such  manner 

9  as  shall  be  prescribed  by  law. 


I  .  ■ 


'  I1' 


,  - 


ORDERED  PRINTED,  AS  REPORTED  BY  THE  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 

« 

Convention. 


Sub.  Proposal  No.  330 


MR.  DWYER. 


PROPOSAL 


To  submit  an  amendment  to  Article  IV  of  the  constitution. — 
n  Relative  to  dividing  the  state  into  appellate  court  districts. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows: 

t 

4  Until  further  provided  by  law  the  state  is  hereby  divided  into  ten  appellate 

5  court  districts  as  follows : 

£  '  The  present  first,  third,  fifth,  sixth  and  eighth  judicial  circuits  shall  each 

7  constitute  with  the  same  numbering,  counties  and  boundaries,  the  first,  third, 

g  fifth,  sixth  and  eighth  appellate  court  judicial  districts. 

9  The  counties  of  Preble,  Darke,  Shelby,  Champaign,  Miami,  Montgomery 

10  and  Greene  shall  constitute  the  second  appellate  court  judicial  district. 

11  The  counties  of  Brown,  Adams,  Highland,  Pickaway,  Ross,  Pike,  Scioto, 

12  Lawrence,  Gallia,  Jackson,  Meigs,  Vinton,  Hocking  and  Athens  shall  constitute 

13  the  fourth  appellate  court  judicial  district. 


2 


14  The  counties  of  Lake,  Ashtabula,  Geauga,  Trumbull,  Portage  and  Mahoning 

15  shall  constitute  the  seventh  appellate  court  judicial  district. 

16  The  counties  of  Columbiana,  Jefferson,  Belmont,  Harrison,  Carroll,  Monroe, 

17  Noble,  Guernsey  and  Washington  shall  constitute  the  ninth  appellate  court  judi- 

18  cial  district 

19  The  counties  of  Franklin,  Madison,  Clark  and  Fayette  shall  constitute  the 

20  tenth  appellate  court  judicial  district. 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  16 


MR.  ELSON. 


PROPOSAL 

To  submit  an  amendment  to  Sections  1-4,  Article  3,  of  the 
constitution. — Relative  to  the  election  of  state  of¬ 
ficials. 

Resolved,  That  a  proposal  to  amend  the  Constitution  shall  be  submitted  to 

2  the  electors  to  read  as  follows : 

3  Section  i.  (Executive  department.)  The  executive  department  shall  con- 

4  sist  of  a  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  state, 
6  tieasunr  of  state,  and  an  attorney  general.  The  governor,  lieutenant  governor, 

6  and  auditor  of  state  shall  be  elected  on  the  first  Tuesday  after  the  first  M011- 

7  day  in  November,  by  the  electors  of  the  state,  and  at  the  places  of  voting  for 

8  members  of  the  general  assembly. 

9  Suction  2.  (Term  of  office.)  The  governor  and  lieutenant  governor  shall 

10  hold  their  offices  for  two  years,  and  the  auditor  for  four  years.  Their  terms 

11  of  office  shall  commence  on  the  second  Monday  of  January  next  after  their 

12  election,  and  continue  until  their  successors  are  elected  and  qualified. 

13  Section  5.  (Executive  powers  vested  in  governor.)  The  supreme  execu- 

14  tive  power  of  this  state  shall  be  vested  in  the  governor.  Fie  shall  appoint  the 


2 


15  secretary  of  state,  treasurer  of  state,  attorney  general,  members  of  the  board 

16  of  public  works,  dairy  and  food  commissioner,  and  commissioner  of  common 

17  schools,  and  shall  have  authority  to  remove  any  of  said  officials  so  appointed. 


ORDERED  PRINTED 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  54 


MR.  ELSON. 


To  submit  an  amendment  to  Article  I,  Section  5,  of  the  consti¬ 
tution. — Relative  to  the  reform  of  the  jury  system. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  ARTICLE  I. 

5  Section  5.  The  right  of  trial  by  jury  shall  be  inviolate;  but  the  General 

6  Assembly  may  authorize  that  in  civil  cases  a  verdict  may  be  rendered  by  the  con- 

7  currence  of  not  less  than  three-fourths  of  a  jury. 


■ 


. 


. 


Ordered  printed,  as  it  will  appear  il  the  majority  report  of  the  committee  on  Equal 
Suffrage  and  Elective  Franchise  ii  adopted. 


Fourth  Constitutional 
Convention. 


| 

) 


Sub.  Proposal  No.  91 


MR.  KILPATRICK. 


PROPOSAL 


To  submit  an  amendment  to  Article — ,  Section—,  of  the 
Constitution. — Relative  to  equal  suffrage. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken 

5  for  the  adoption  or  rejection  of  any  revision,  alteration  or  amendments  made 
(i  to  the  constitution  by  this  Convention,  the  following  article,  independently  of 

7  the  submission  of  any  revision,  alteration  or  other  amendments  submitted  to 

8  then,  shall  be  separately  submitted  to  the  electors  in  the  words  following, 

9  to-wit : 

10  FOR  EQUAL  SUFFRAGE. 

11  Every  citizen  of  the  United  States,  of  the  age  of  twenty-one  years,  who 

12  shall  have  been  a  resident  of  the  state  one  year  preceding  the  election,  and 

13  of  the  county,  township  or  ward  in  which  he  or  she  resides  such  time  as  may 


14 

35 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

✓ 


2 


be  provided  by  law,  shall  have  the  qualifications  of  an  elector  and  be  entitled 

* 

to  vote  at  all  elections. 

Section  2.  At  such  election  a  separate  ballot  shall  be  in  the  following 
form : 

ELECTIVE  FRANCHISE. 

i  1  i 

For  Equal  Suffrage. 

I  I  "  i 

Against  Equal  Suffrage. 

I  I _ I 

Section  3.  Separate  ballot  boxes  shall  be  provided  for  the  reception  of 
such  ballots. 

Section  4.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words,  “For  Equal  Suffrage”,  if  he  desire 
to  vote  in  favor  of  the  article  above  mentioned,  and  opposite  the  words, 
“Against  Equal  Suffrage”,  within  the  blank  space,  if  he  desire  to  vote  against 
the  article  above  mentioned. 

Section  5.  If  the  votes  for  equal  suffrage  shall  exceed  the  votes  against 
equal  suffrage,  then  the  section  above  mentioned  shall  take  the  place  of  Article 
V,  Section  1,  of  the  constitution,  regardless  of  whether  any  revision,  alteration 
or  other  amendments  submitted  to  the  people  shall  be  adopted  or  rejected. 


) 


Fourth  Constitutional 
Convention. 


Proposal  No. 


MR.  EARNHART. 


PROPOSAL 


To  submit  an  amendment  to  Article  XIII,  Section  3,  of  the 
Constitution.— Relative  to  the  protection  of  hank  and 
other  deposits. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  ? 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Dues  from  private  corporations  shall  be  secured  by  such  means  as  may  be 

5  prescribed  by  law,  but  in  no  case  shall  any  stockholder  be  individually  liable 

(;  otherwise  than  for  the  unpaid  stock  owned  by  him  or  her ;  except  that  stock- 

7  holders  or  corporations  authorized  to  rcecive  money  on  deposit  shall  be  held 

S  individually  responsible,  equally  and  ratably,  and  not  one  for  another,  for  all 

<)  contracts,  debts,  and  engagements  of  such  corporations,  to  the  extent  of  the 

10  amount  of  their  stock  therein,  at  the  par  value,  thereof,  in  addition  to  the- 

invested  in  such  shares. 


1 1 


I 


. 


< 


l  - 


“ 


. 


ORDERED  PRINTED. 


Sub.  Proposal  No.  100 

MR.  FACKLER. 


PROPOSAL 

✓ 

To  submit  an  amendment  to  Article  IAr,  Section  9,  of  the  con¬ 
stitution. — Relative  to  Justice  of  the  Peace. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  he  submitted  to  the  electors  to  read  as 

3  follows : 

■t 

4  ARTICLE  IV. 

5  Section  9.  A  competent  number  of  justices  of  the  peace  shall  be  elected 

6  by  the  electors  in  each  township  in  the  several  counties.  Their  term  of  office  shall 

7  be  four  years  and  their  powers  and  duties  shall  be  regulated  by  law.  Provided 

t 

% 

8  that  there  shall  be  no  justices  of  the  peace  in  any  township  where  a  court,  other 

9  than  a  mayor’s  court,  is  f>r  may  hereafter  be  maintained  with  the  jurisdiction  of 

10  all  causes  of  which  justices  of  the  peace  are  given  jurisdiction,  and  no  justices. 
1]  of  the  peace  shall  have  or  exercise  jurisdiction  in  such  township. 


Fourth  Constitutional 
Convention. 


>•' 


\ 


/ 


. 


PRINTED  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 


Proposal  No.  151 


MR.  ANDERSON. 


PROPOSAL 

To  submit  an  amendment  to  Article  XXX,  Section  18,  of 
Schedule  of  the  Constitution. — Relative  to  the  Liquor 
Traffic. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  substi- 

3  tuting  for  section  18  of  the  schedule  the  following: 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for  the 

5  adoption  or  rejection  of  any  revision,  alterations,  or  amendments  made  to  the 

6  constitution  by  this  Convention,  the  following  article,  independently  of  the  sub- 

7  mission  of  any  revision,  alterations  or  other  amendments  submitted  to  them,  shall 
g  be  separately  submitted  to  the  electors  in  the  words  following,  to-wit: 

9  FOR  LICENSE. 

10  License  to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in  this. 

11  state,  and  license  laws  operative  throughout  the  state  shall  be  passed  with  such 

12  restrictions  and  regulations  as  the  general  assembly  may  provide,  and  the  gen- 

13  eral  assembly  shall  authorize  municipal  corporations  to  provide  for  the  limita- 


2 


14  tion  of  the  number  of  saloons,  under  general  laws  applicable  thereto,'  provided 

15  that  where  traffic  is  or  may  be  prohibited  under  laws  applying  to  counties,  mu- 

16  nicipalities,  townships,  residence  districts,  or  other  districts  prescribed  by  law, 

17  the  traffic  shall  not  be  licensed  in  any  such  local  subdivision  while  any  prohibi¬ 
ts  tory  law  is  operative  therein,  and  nothing  herein  contained  shall  be  so  construed 

19  as  to  repeal,  modify  or  suspend  any  such  prohibitory  laws,  or  any  regulatory  law 

20  now  or  hereafter  enacted,  or  to  prevent  the  future  enactment,  modification  or  re- 

21  peal  of  any  similar  prohibitory  or  regulatory  laws. 

22  No  license  shall  be  granted  to  any  person  who  at  the  time  of  making  such 

23  application  is  not  a  citizen  of  the  United  States  and  of  good  moral  character. 

24  No  license  shall  be  granted  to  any  applicant  who  is  in  any  way  or  manner  in- 

25  terested  in  the  business  conducted  at  any  other  place  where  intoxicating  bever- 

26  ages  are  sold  or  kept  for  sale,  nor  shall  such  license  be  granted  unless  the  appli- 

27  cant  or  applicants  are  the  only  persons  in  any  way  or  manner  pecuniarily  inter- 

28  ested  in  the  business  asked  to  be  licensed,  and  that  no  other  person  shall  in  any 

29  manner  whatsoever  be  in  any  way  interested  therein  during  the  continuance  of 

30  the  license,  and  if  such  interest  of  such  person  be  made  to  appear,  the  said  license 

31  shall  be  deemed  revoked. 

32  If  any  licensee  is  more  than  once  convicted  for  a  violation  of  the  laws  in 

33  force  to  regulate  the  traffic  in  intoxicating  liquors,  the  license  of  said  licensee 

34  shall  be  deemed  revoked,  and  no  license  shall  thereafter  be  granted  to  such  con- 

35  victed  licensee. 

36  No  application  for  license  shall  be  granted  unless  the  business  for  which  li- 

37  cense  is  allowed  shall  be  located  in  the  same  county  or  an  adjoining  county  to 

38  that  in  which  the  person  or  persons  live  and  reside  whose  duty  it  is  to  grant  such 

39  license. 


40 

41 

42 

43 

44 

45 

46 

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t 

48 

49 

50 

51 

52 

53 

54 

55 

56 


3 


No  legislation  shall  authorize  more  than  one  license  to  each  township  or 
municipality  of  less  than  five  hundred  population,  nor  more  than  one  for  each  five 
hundred  population  in  other  townships  and  municipalities. 

Section  2.  At  said  election  a  ballot  shall  be  in  the  following  form : 

INTOXICATING  LIQUORS. 

i  i 

|  For  License. 

I  I 

•  I  I  . 

|  Against  License.  | 

1  1 _ I 

Section  3.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words  “For  License”  if  he  desires  to  vote  in 
favor  of  the  article  above  mentioned  and  opposite  the  words  “Against  License,” 
within  the  blank  space  if  he  desires  to  vote  against  said  article.  If  a  cross-mark 

is  placed  opposite  both  phrases  or  neither  phrase,  then  the  vote  upon  the  sub- 

.  - 

ject  shall  not  be  counted. 

Section  4.  If  the  votes  for  license  shall  exceed  the  votes  against  license, 

c 

then  the  article  above  mentioned  shall  become  section  9  of  Article  XV  of  the 
constitution,  and  the  present  section  9  of  said  article,  also  known  as  section  18 


of  the  Schedule  shall  be  repealed. 


■' 


. 


/ 


. 


V, 


> 

ORDERED  PRINTED. 


Fourth  Constitutional 

Convention. 


<nB0B 

Am.  Proposal  No.  184 


MR.  PECK. 


PROPOSAL 


To  submit  an  amendment  to  Article  IV,  Sections  i,  2, 
and  6.  of  the  constitution.  Relating  to  the  supreme 
and  circuit  courts. — Judicial. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  courts  of  appeal,  courts  of  common  pleas,  courts  of  probate,  justices  of  the 

6  peace  and  such  other  courts  inferior  to  the  supreme  court  as  the  general  assembly 

7  may  from  time  to  time  establish. 

8  Section  2.  The  supreme  court  shall  consist  of  six  judges  and  the  judges 

9  now  in  office  in  that  court  shall  continue  therein  until  the  end  of  the  terms  tor 

10  which  they  were  respectively  elected,  unless  they  are  removed,  die  or  resign.  A 

11  majority  of  the  supreme  court  shall  be  necessary  to  constitute  a  quorum  or  pro- 

1 

12  nounce  a  decision.  It  shall  have  original  jurisdiction  in  quo  warranto,  man- 

13  damns,  habeas  corpus,  procedendo  and  appellate  jurisdiction  in  all  cases  involving 

14  questions  arising  under  the  constitution  of  the  United  States  or  of  this  state  and 


15  in  cases  wherein  the  death  penalty,  or  imprisonment  for  life  has  been  adjudged 

16  against  any  person  by  the  courts  below,  also  in  cases  which  originated  in  the  courts 

17  of  appeal.  It  shall  hold  at  least  one  term  in  each  year  at  the  seat  of  government 

18  and  such  other  terms,  there  or  elsewhere,  as  may  be  provided  by  law.  The  judges 

19  of  the  supreme  court  shall  be  elected  by  the  electors  of  the  state  at  large  for 

20  such  terms,  not  less  than  six  years,  as  the  general  assembly  may  prescribe  and 

21  they  shall  be  elected  and  their  official  term  shall  begin  at  such  time  as  may  now 

22  or  hereafter  be  fixed  by  law.  Whenever  the  judges  of.  the  supreme  court  shall 

28  be  equally  divided  in  opinion  as  to  the  merits  of  any  case  before  them  and  are 

24  unable  for  that  reason  to  agree  upon  a  judgment  that  fact  shall  be  entered 

25  upon  the  record  and  such  entry  shall  be  held  to  constitute  an  affirmance  of  the 

26  judgment  of  the  court  below,  and  no  statute  adopted  by  the  general  assembly 

27  shall  be  held  unconstitutional  and  void  except  by  the  concurrence  of  all  the 

•  t 

28  judges  of  the  supreme  court.  In  cases  of  public  or  great  general  interest 

29  the  supreme  court  may  direct  the  court  of  appeals  to  certify  its  record  to  the 

30  supreme  court  and  may  review  and  affirm,  modify  or  reverse  the  judgment  of 

31  such  court  of  appeals. 

32  Section  6.  The  state  shall  be  divided  into  eight  appellate  districts  of 

33  compact  territory  and  divided  by  county  lines  in  each  of  which  there  shall  be 

34  a  court  of  appeals  consisting  of  three  judges  and,  until  altered  by  statute,  the 

35  eight  circuits  in  which  circuit  courts  are  now  held  shall  constitute  the  appel- 

36  late  districts  aforesaid,  and  the  judges  of  the  circuit  courts  therein  shall  con- 

37  stitute  the  respective  courts  of  appeal  and  perform  the  duties  thereof  until 

38  the  expiration  of  their  respective  terms  of  office,  unless  they  are  removed, 

39  die  or  resign.  At  the  next  election  after  the  occurrence  of  any  vacancy  the 


40  electors  of  the  district  shall  elect  a  citizen  and  resident  of  the  district  to  the  office 


41 

42 

43 

44 

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58 

5!) 

60 

61 

62 

63 

64 

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66 


3 


of  judge  of  the  court  of  appeals  for  the  term  of  six  years,  but  the  length  of  the 
term  of  office  of  such  judges  and  the  time  and  mode  of  their  election  may  be 
changed  from  time  to  time  by  the  general  assembly,  and  their  number  may  be 
likewise  increased.  The  number  of  districts  and  boundaries  thereof  shall  be 
prescribed  by  law.  The  court  of  appeals  shall  hold  one  or  more  terms  in  each 
year  at  such  places  in  the  district  as  the  judges  may  determine  upon,  and  the 
county  commissioners  of  any  county  in  which  the  court  of  appeals  shall  hold 
sessions  shall  make  proper  and  convenient  provision  for  the  holding  of  such 
courts  by  its  judges  and  officers.  Each  judge  of  a  court  of  appeals  shall  be  com¬ 
petent  to  exercise  his  judicial  powers  in  any  district  of  the  state. 

The  respective  courts  of  appeal  shall  continue  the  work  of  the  circuit  court 
and  all  pending  cases  and  proceedings  in  the  circuit  court  shall  proceed  to 
judgment  and  be  determined  by  the  court  of  appeals,  subject  to  the  provisions 
hereof,  and  the  existence  of  the  circuit  court  shall  be  merged  into  and  its  work 
continued  by  the  court  of  appeals. 

The  courts  of  appeal  shall  have  *  *  *  original  jurisdiction  in  quo  warranto , 
mandamus,  habeas  corpus  and  procedendo  and  appellate  jurisdiction  to  review, 

i 

and  affirm,  modify,  or  reverse  the  judgments  of  the  courts  of  common  pleas  and 
superior  courts  within  the  district,  in  all  cases,  and  judgments  of  said  courts  of 
appeal  shall  be  final  in  all  *  *  *  cases,  except  such  as  involve  questions  arising 
under  the  constitution  of  this  state,  or  the  United  States,  or  cases  of  the  infliction 
of  the  penalty  of  death,  or  of  imprisonment  for  life,  or  cases  of  which  it  has 
original  jurisdiction.  No  judgment  of  the  court  of  common  pleas  shall  be  re¬ 
versed  except  by  the  concurrence  of  all  the  judges  of  the  court  of  appeals 
sitting  in  the  case  and  whenever!  the  judges  of  a  court  of  appeals  find  that  a  judg¬ 
ment  which  they  have  agreed  upon  is  in  conflict  with  a  judgment  pronounced 


4 


67  upon  the  same  question  by  any  other  court  of  appeals  of  the  state,  the  judges 

68  shall  reserve  and  certify  the  record  of  such  case  to  the  supreme  court  for  review 

69  and  final  determination. 


\ 


ORDERED  PRINTED  AS  REPORTED  BY  THE  COMMITTEE  ON  SCHEDULE. 


Fourth  Constitutional 
Convention. 

MR.  TAGGART. 


PROPOSAL 

To  submit  an  amendment  to  Schedule  No.  4. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 
2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read  as 
8  follows : 

4  That  the  several  amendments  passed  by  this  Convention  or  any  of  the  same 

5  when  adopted  at  the  election  shall  take  effect  on  the  first  day  of  January,  1913, 

6  except  as  otherzvise  specifically  provided  in  any  of  the  said  amendments.  And 

7  all  laws  then  in  force  not  inconsistent  therewith  shall  continue  in  force  until 

8  amended  or  repealed;  provided  that  all  cases  pending  in  the  courts  at  the  time 

9  this  amendment  takes  effect  shall  be  heard  and  tried  in  the  same  manner  and 

10  by  the  same  procedure  as  is  nozv  authorized  by  lazv. 


Sub.  Proposal  No.  340 


.  J  :  :30j?0 


. 


' 


: P, .  v”.;‘  8 


' 

E 

' 


. 


... 


.  .  .  -  .  .  \ 


Ordered  printed  as  passed  on  second  reading. 


Fourth  Constitutional 
Convention. 


) 


Sub.  Proposal  No.  2 


MR.  CROSSER. 


PROPOSAL 

To  provide  for  the  initiative  and  referendum  and  the  legis¬ 
lative  power. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That 

.  y 

2  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for 

3  the  adoption  or  rejection  of  any  revision,  alteration  or  amendments  made  to  the 

4  constitution  by  this  Convention,  the  following  amendment,  independently  of  the 

5  submission  of  any  revision,  alteration  or  other  amendments  submitted  to  them, 
g  shall  be  separately  submitted  to  the  electors,  namely,  that  Article  II,  Section  i, 

7  shall  be  amended  so  as  to  read  as  follows : 

8  ARTICLE  II. 

9  Section  i.  The  legislative  power  of  the  state  shall  be  vested  in  a  General 

t 

10  Assembly  consisting  of  a  Senate  and  House  of  Representatives  but  the  people 

11  reserve  to  themselves  the  power  to  propose  laws  and  amendments  to  the  con- 
13  stitution,  and  to  adopt  or  reject  the  same  at  the  polls  independent  of  the 

13  General  Assembly,  and  also  reserve  the  power,  at  their  own  option,  to  adopt 

14  or  reject  any  law,  section  of  any  law  or  any  item  appropriating  money  in  any 

15  law  passed  by  the  General  Assembly.  The  limitations  expressed  in  the  consti- 


16 

17 

18 

19 

20 

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22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 


2 


tution  on  the  power  of  the  General  Assembly  to  enact  laws,  shall  be  deemed 
limitations  on  the  power  of  the  people  to  enact  laws. 

Section  i-a.  Initiative.  The  first  aforestated  power  reserved  by  the 
people  is  designated  the  Initiative,  and  the  signatures  of  twelve  per  centum  of 
the  electors  shall  be  required  upon  a  petition  to  propose  an  amendment  to  the 
constitution. 

When  there  shall  have  been  filed  with  the  Secretary  of  State  a  petition 
signed  by  the  aforesaid  required  number  of  electors,  and  verified  as  herein  pro¬ 
vided,  proposing  an  amendment  to  the  constitution  the  full  text  of  which  proposed 
amendment  to  the  constitution  shall  have  been  set  forth  in  such  petition,  the 
Secretary  of  State  shall  submit  for  the  approval  or  rejection  of  the  electors  the 
proposed  amendment  to  the  constitution  in  the  manner  hereinafter  provided, 
at  the  next  succeeding  regular  or  general  election  in  any  year  occurring  subse- 

m 

quent  to  ninety  days  after  the  filing  of  such  petition.  All  such  initiative 
petitions,  above  described,  shall  have  printed  across  the  top  thereof :  “Amend¬ 
ment  to  the  Constitution  Proposed  by  Initiative  Petition  to  be  Submitted  Directly 
to  the  Electors.” 

Section  i-b.  When  at  any  time,  not  less  than  ten  days  prior  to  the  com¬ 
mencement  of  any  session  of  the  General  Assembly,  there  shall  have  been  filed 
with  the  Secretary  of  State  a  petition  signed  by  six  per  centum  of  the 

electors  and  verified  as  herein  provided,  proposing  a  law,  or  a  petition  signed 

*•/ 

by  eight  per  centum  of  the  electors  and  verified  as  herein  provided,  proposing 
an  amendment  to  the  constitution,  the  full  text  of  which  shall  have  been  set 
forth  in  such  petition,  the  Secretary  of  State  shall  transmit  the  same  to  the 
General  Assembly  as  soon  as  it  convenes.  The  proposed  law  or  proposed  amend¬ 
ment  to  the  constitution  shall  be  either  approved  or  rejected  without  change 


L 


c 


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63 

64 

65 

66 

67 


3 

or  amendment  by  the  General  Assembly,  within  four  months  from  the  time  it 
is  received  by  the  General  Assembly.  If  any  such  law  proposed  by  petition 
shall  be  approved  by  the  General  Assembly  it  shall  be  subject  to  the  referendum 
as  herein  provided.  If  any  such  amendment  to  the  constitution  proposed  by 
petition  shall  be  approved  by  the  General  Assembly  it  shall  be  submitted  to 
the  electors.  If  any  law  or  constitutional  amendment  so  petitioned  for  be 
rejected,  or  if  no  action  be  taken  thereon  by  the  General  Assembly  within  such 

V 

four  months,  the  Secretary  of  State  shall  submit  the  same  to  the  electors  for 
approval  or  rejection  at  the  next  regular  or  general  election  in  any  year.  The 
General  Assembly  may  decline  or  refuse  to  pass  any  such  proposed  law  or 

constitutional  amendment  and  adopt  a  different  and  competing  one  on  the  same 

» 

subject,  and  in  such  event  both  the  proposed  and  competing  law  or  both  the 
proposed  and  competing  constitutional  amendment  shall  be  submitted  by  the 
Secretary  of  State  to  the  electors  for  approval  or  rejection  at  the  next  regular 
or  general  election  in  any  year. 

All  such  initiative  petitions  last  above  described,  shall  have  printed  across 
the  top  thereof  in  the  case  of  proposed  laws,  the  following:  “Law  Proposed 
by  Initiative  Petition  to  be  First  Submitted  to  the  General  Assembly,”  or  in  case 
of  proposed  amendments  to  the  constitution:  “Amendment  to  the  Constitution 
Proposed  by  Initiative  Petition  to  be  First  Submitted  to  the  General  Assembly.” 

Ballots  shall  be  so  printed  as  to  permit  an  affirmative  or  negative  vote  upon 
each  measure  submitted  to  the  electors. 

Any  proposed  law  or  amendment  to  the  constitution  submitted  to  the 
electors  as  provided  in  Section  i-a  and  Section  i-b,  if  it  is  approved  by  a  majority 
of  the  electors  voting  thereon,  shall  take  effect  thirty  days  after  the  election 


at  which  it  is  approved  and  shall  be  published  by  the  Secretary  of  State. 


68 

69 

70 

71 

72 

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76 

76 

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79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 


4 


If  conflicting  proposed  laws  or  conflicting  proposed  amendments  to  the 
constitution  shall  be  approved  at  the  same  election  by  a  majority  of  the  total 
number  of  votes  cast  for  and  against  the  same,  the  one  receiving  the  highest 
number  of  affirmative  votes  shall  be  the  law  or  in  the  case  of  amendments  to 


the  constitution  shall  be  the  amendment  to  the  constitution.  No  law  proposed 
by  initiative  petition  and  approved  by  the  electors  shall  be  subject  to  the  veto 


power  of  the  Governor. 


Section  i-c.  Referendum.  The  second  aforestated  power  reserved  by 


the  people  is  designated  the  Referendum,  and  the  signatures  of  six  per  centum 
of  the  electors  shall  be  required  upon  a  petition  to  order  the  submission  to  the 
electors  of  the  state  for  their  approval  or  rejection,  of  any  law,  section  of  any 
law  or  any  item  appropriating  money  in  any  law  passed  by  the  General  Assembly. 

No  law  passed  by  the  General  Assembly  shall  go  into  effect  until  ninety 
days  after  the  same  shall  have  been  filed  by  the  Governor  in  the  office  of  the 
Secretary  of  State,  except  as  herein  provided. 

When  a  petition,  signed  by  six  per  centum  of  the  electors  of  the  state 
and  verified  as  herein  provided,  shall  have  been  filed  with  the  Secretary  of 
State  within  ninety  days  after  any  law  shall  have  been  filed  by  the  Governor 
in  the  office  of  the  Secretary  of  State,  ordering  that  such  law,  section  of  such 
law  or  any  item  appropriating  money  in  such  law,  be  submitted  to  the  electors 
of  the  state  for  their  approval  or  rejection,  the  Secretary  of  State  shall  submit 
to  the  electors  of  the  state  for  their  approval  or  rejecion  such  law,  item  or 

section,  in  the  manner  herein  provided,  at  the  next  succeeding  regular  or  general 

.  .  I/" 

election  in  any  year  occurring  at  a  time  subsequent  to  sixty  days  after  the  filing 
of  such  petition,  and  no  such  law,  item  or  section,  shall  go  into  effect  until 


and  unless  approved  by  a  majority  of  those  voting  upon  the  same.  If,  however, 


5 


94  a  referendum  petition  is  filed  against  any  such  item  or  section,  the  remainder 

95  of  the  law  shall  not  thereby  be  prevented  or  delayed  from  going  into  effect. 

96  Section  i-d.  Emergency  Measures.  Acts  providing  for  tax  levies,  ap- 

97  propriations  for  the  current  expenses  of  the  state  government  and  state  institu- 

98  tions  and  emergency  measures  necessary  for  the  immediate  preservation  of  the 

99  public  peace,  health  or  safety,  if  such  emergency  measures  upon  a  yea  and  nay 

100  vote  shall  receive  the  vote  of  two-thirds  of  all  the  members  elected  to  each 

101  branch  of  the  General  Assembly,  shall  go  into  immediate  effect,  but  the  facts  con- 

102  stituting  such  necessity  shall  be  set  forth  in  one  section  of  the  act,  which  section 

103  shall  be  passed  only  upon  a  yea  and  nay  vote,  upon  a  separate  roll  call  thereon. 

104  The  acts  mentioned  in  this  section  shall  never  be  subject  to  the  referendum. 

105  Section  i-e.  The  powers  defined  herein  as  the  “Initiative”  and  the 

106  “Referendum”  shall  never  be  used  to  enact  a  law  authorizing  any  classification 

107  of  property  for  the  purpose  of  levying  different  rates  of  taxation  thereon  or 

108  of  authorizing  any  single  tax  on  land  or  land  values  or  land  sites  at  a  higher 

109  rate  or  by  a  different  rule  than  is  or  may  be  applied  to  improvements  thereon 

110  or  to  personal  property. 

111  Section  i-f.  Local  Initiative  and  Referendum.  The  initiative  and 

112  referendum  powers  of  the  people  are  hereby  further  reserved  to  the  electors 

113  of  each  municipality  on  all  questions  which  such  municipalities  may  now  or 

114  hereafter  be  authorized  by  law  to  control  by  legislative  action,  such  powers  to 

115  be  exercised  in  the  manner  now  or  hereafter  provided  by  law. 

116  Section  i-g.  General  Provisions.  Any  initiative  or  referendum  petition 

117  may  be  presented  in  separate  parts  but  each  part  shall  contain  a  full  and  correct 

118  copy  of  the  title,  and  text  of  the  law,  section  or  item  thereof  sought  to  be 

119  referred,  or  the  proposed  law  or  proposed  amendment  to  the  constitution.  Each 


2 


120  signer  of  any  initiative  or  referendum  petition  must  be  an  elector  of  the  state 

121  and  shall  place  on  such  petition  after  his  name  the  date  of  signing  and  his 

122  place  of  residence.  In  the  case  of  a  signer  residing  outside  of  a  municipality 

123  he  shall  state  the  township  and  county  in  which  he  resides  and  in  case  of  a 

i  ?  *  '  t  r .  ■  •  i  (  *  >  . 

124  resident  of  a  municipality  in  addition  to  the  name  of  such  municipality  he  shall 

125  state  the  street  and  number,  if  any,  of  his  residence  and  the  ward  and  precinct 

126  in  which  the  same  is  located.  The  names  of  all  signers  to  such  petitions  shall 

127  be  written  in  ink,  each  signer  for  himself.  Each  part  of  such  petition  shall 

128  have  attached  thereto  the  affidavit  of  the  person  soliciting  the  signatures  to  the 

129  same,  which  affidavit  shall  contain  a  statement  of  the  number  of  the  signers 

130  of  such  petition  and  shall  state  that  each  of  the  signatures  attached  to  such 

131  part  was  made  in  the  presence  of  the  affiant,  that  to  the  best  of  his  knowledge 

132  and  belief  each  signature  to  such  part  is  the  genuine  signature  of  the  person 

133  whose  name  it  purports  to  be,  that  he  believes  the  persons  who  have  signed 

134  it  to  be  electors,  that  they  so  signed  said  petition  with  knowledge  of  the  con- 

135  tents  thereof,  that  each  signer  signed  the  same  on  the  date  stated  opposite  his 

136  name,  and  no  other  affidavit  thereto  shall  be  required. 

137  The  petition  and  signatures  upon  such  petitions,  so  verified,  shall  be  pre- 

J 

438  sumed  to  be  in  all  respects  sufficient,  unless  not  later  than  forty  days  before 

139  election,  it  shall  be  otherwise  proven  and  in  such  event  ten  additional  days  shall 

140  be  allowed  for  the  filing  of  additional  signatures  to  such  petition,  and  no  law 

141  or  amendment  to  the  constitution  submitted  to  the  electors  by  initiative  petition 

142  and  receiving  an  affirmative  majority  of  the  votes  cast  thereon  shall  ever  be 

143  held  unconstitutional  or  void  on  account  of  the  insufficiency  of  the  petitions  by 


144  which  such  submission  of  the  same  shall  have  been  procured;  nor  shall  the 


7 


145  rejection  of  any  law  submitted  by  referendum  petition  be  held  invalid  for  such 

146  insufficiency. 

147  Upon  all  initiative  and  referendum  petitions  provided  for  in  any  of  the 

148  sections  of  this  article,  it  shall  be  necessary  to  file  from  each  of  one-half  of 

149  the  counties  of  the  state  petitions  bearing  the  signatures  of  not  less  than  one- 

150  half  of  the  designated  percentage  of  the  electors  of  such  county. 

151  A  true  copy  of  all  laws  or  proposed  laws  or  proposed  amendments  to  the 

152  constitution,  together  with  an  argument  or  explanation,  or  both,  for,  and  also 

153  an  argument  or  explanation,  or  both,  against  the  same,  shall  be  prepared.  The 

154  person  or  persons  who  prepare  the  argument  or  explanation,  or  both,  against 

155  any  law,  section  or  item,  submitted  to  the  electors  by  referendum  petition  may 

156  be  named  in  such  petition  and  the  persons  who  prepare  the  arguments  or  ex- 

157  planations,  or  both,  for  any  proposed  law  or  proposed  amendment  to  the  con- 

158  stitution  may  be  named  in  the  petition  proposing  the  same.  The  person  or 

159  persons  who  prepare  the  argument  or  explanation,  or  both,  for  the  law,  section 

160  or  item,  submitted  to  the  electors  by  referendum  petition,  or  for  any  competing 

161  law  or  competing  amendment  to  the  constitution  or  against  any  law  submitted 

162  by  initiative  petition,  shall  be  named  by  the  General  Assembly,  if  in  session, 

163  and  if  not  in  session  then  by  the  Governor. 

164  The  Secretary  of  State  shall  have  printed  the  law  or  proposed  law  or 

•» 

165  proposed  amendment  to  the  constitution  together  with  the  arguments  and  ex- 

166  planations,  not  exceeding  a  total  of  three  hundred  words  for  each  of  the  same, 

167  and  also  the  arguments  and  explanations  not  exceeding  a  total  of  three  hundred 

168  words  against  each  of  the  same,  and  shall  mail  or  otherwise  distribute  a  copy 

169  of  such  law  or  proposed  law  or  proposed  amendment  to  the  constitution  together 


8 


170  with  such  arguments  and  explanations  for  and  against  the  same  to  each  of  the 

171  electors  of  the  state,  as  far  as  reasonably  possible. 


172  Unless  otherwise  provided  by  law,  the  Secretary  of  State  shall  cause  to 


173  be  placed  upon  the  official  ballots  the  title  of  any  such  law  or  proposed  law  or 

174  proposed  amendment  to  the  constitution  to  be  submitted.  He  shall  also  cause 

175  the  ballots  to  be  so  printed  as  to  permit  an  affirmative  or  negative  vote  upon 

176  each  law,  section  of  law  or  item  appropriating  money  in  a  law^or  proposed 

177  law  or  proposed  amendment  to  the  constitution. 

178  When  competing  laws  or  competing  amendments  to  the  constitution  are 

179  submitted  to  the  electors  the  ballots  shall  be  so  printed  that  the  elector  can 

180  express  separately  by  making  one  crossmark  (X)  for  each,  two  preferences, 

181  first,  as  between  “either  measure”  and  “neither  measure,”  and  secondly,  as 

182  between  one  and  the  other.  If  the  majority  of  the  votes  cast  on  the  first  issue 

183  is  for  “neither  measure,”  both  measures  fail  of  adoption.  If  a  majority  of  the 

184  votes  cast  on  the  first  issue  is  in  favor  of  “either  measure,”  then  the  measure 

185  receiving  a  majority  of  the  votes  cast  on  the  second  issue  shall  be  the  law 

186  or  the  amendment  to  the  constitution  as  the  case  may  be. 

187  The  style  of  all  laws  submitted  by  initiative  petition  shall  be:  “Be  It 

188  Enacted  by  the  People  of  the  State  of  Ohio,”  and  of  all  constitutional  amend- 

189  ments :  “Be  It  Resolved  by  the  People  of  the  State  of  Ohio.” 

190  The  basis  upon  which  the  required  number  of  petitioners  in  any  case  shall  „ 

0 

191  be  determined  shall  be  the  total  number  of  votes  cast  for  the  office  of  governor 

192  at  the  last  preceding  election  therefor. 

193  The  foregoing  provisions  of  this  section  shall  be  self-executing,  except  as 

194  herein  otherwise  provided.  Legislation  may  be  enacted  to  facilitate  their  opera- 


9 


195  tion,  but  in  no  way  limiting  or  restricting  either  such  provisions  or  the  powers 

196  herein  reserved. 

19Y  Section  2.  At  such  election  a  separate  ballot  in  the  following  form  shall 

198  be  furnished  each  elector  desiring  to  vote. 

199  Initiative  and  Referendum. 

i  j  —  j 

I  j  For  Initiative  and  Referendum. 

i  i  i 

\  II....  i 

|  Against  Initiative  and  Referendum. 

I  I _ I 

200  Section  3.  Separate  ballot  boxes  shall  be  provided  for  the  reception  of 

201  such  ballots. 

202  Section  4.  The  elector  shall  indicate  his  choice  by  placing  a  crossmark 

203  within  the  blank  space  opposite  the  words,  “For  Initiative  and  Referendum,” 

204  if  he  desire  to  vote  in  favor  of  the  amendment  above  mentioned,  and  within 

205  the  blank  space  opposite  the  words,  “Against  Initiative  and  Referendum,”  if  he 

206  desire  to  vote  against  the  amendment  above  mentioned. 

207  Section  5.  If  the  votes  for  Initiative  and  Referendum  shall  exceed  the 

208  votes  against  Initiative  and  Referendum,  then  the  section  above  mentioned  shall 

209  take  the  place  of  Article  II,  Section  1,  of  the  constitution,  regardless  of  whether 

210  any  revision,  alteration  or  other  amendments  submitted  to  the  people  shall  be 

211  adopted  or  rejected. 


*3 


r 


I  *«7;  on  q|  »iji> 


.1  )/  .  I  'ti.  !  »| 


l  "I 


. 


. 

• 

..  ..*• 


. 


. 


Ordered  printed,  as  it  will  appear  if  the  minority  report  ol  the  committee  on  Liquor 
Traffic  is  adopted. 


Fourth  Constitutional 
Convention. 


Proposal  No.  4 


MR.  KING. 


PROPOSAL 

To  submit  substitute  for  schedule,  Section  18  of  the  con¬ 
stitution. — Relating  to  licensing  the  traffic  in  intoxi¬ 
cating  liquors. 

i 

( 

Resolved,  by  the  Constitutional  Convention  of  the  Staje  of  Ohio,  That  a 

2  T  proposal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  sub- 

3  stituling  for  Section  18  of  the  schedule  the  following: 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for  the 

5  adoption  or  rejection  of  any  revision,  alterations,  or  amendments  made  to  the 
(}  constitution  by  this  convention,  the  following  articles,  independently  of  the  sub- 

.  .  ’>  1  • .  ,  ’  ”  *  .  ’  t  •  ■  •  ‘  "  ,  v , 

7  mission  of  any  revision,  alterations  or  other  amendments  submitted  to  them,  shall 

» 

g  be  separately  submitted  to  the  electors  in  the  alternative  in  the  words  following, 
9  to- wit : 

'  10  The  General  Assembly,  shall  be  authorized  to  enact  legislation  providing  for 


11 


the  licensing  of  the  liquor  traffic,  but  no  such  legislation  shall  authorize  more 


12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 


2 


than  one  license  in  each  township ,  or  municipality  of  less  than  1,000  population, 
nor  more  than  one  for  each  i,ooo  population  in  other  townships  and  municipali¬ 
ties;  provided,  however,  that  any  license  so  granted  shall  be  deemed  revoked  if 
in  the' place  operated  under  such  license  any  law  regulating  such  traffic  in  into.ri- 
eating  liquors  is  violated. 

£ 

And  provided  further,  that  nothing  herein  contained  shall  invalidate,  limit 
or  restrict  the  provisions  of  any  law  now  in  force,  relating  to  such  traffic,  or  in 
any  it fay  limit  the  right  of  the  General  Assembly,  under  its  police  power,  to 
provide  against  the  evils  resulting  from  the  traffic  in  intoxicating  liquors. 

Section  2.  At  said  election,  a  separate  ballot  shall  be  in  the  following 
form : 

INTOXICATING  LIQUORS. 

1  i  ;  1 

|  For  License. 

1  1 _ j 

l  l  .  .  1 

|  Against  License.  | 

I  I _ 1 

Section  3.  Separate  ballot  boxes  shall  be  provided  for  the  reception  of  said 
ballots. 

Section  4.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words  “For  License”  if  he  desires  to  vote  in 
favor  of  license.  And  opposite  the  words  “Against  License ”  within  the  blank 
space,  if  he  desires  to  vote  against  license,  and  in  favor  of  allowing  Section  9, 
Article  XV  of  the  present  constitution  to  remain  unchanged.  If  a  cross-mark  is 
placed  opposite  both  phrases  or  neither  phrase,  then  the  vote  upon  that  subject 
shall  not  be  counted. 

Section  5.  If  the  votes  for  license  shall  exceed  the  votes  against  license, 


then  the  article  *  *  *  above  mentioned  shall  become  a  part  of  Article  XV  of  the 


3 


35  constitution,  regardless  of  whether  any  revision,  alterations,  or  other  amendments 

36  submitted  to  the  people  shall  be  adopted  or  rejected.  And  if  the  votes  against 

37  license  shall  exceed  those  for  license,  then  Section  p.  Article  XV  of  the  present 

38  constitution  shall  remain  unchanged. 


The  words  appearing  in  red  are  amend= 

♦ 

ments  suggested. 

The  words  with  red  lines  through  them 
are  words  to  be  stricken  out  by  amend= 
ments. 


Fourth  Constitutional 
Convention. 


\ 

y 

y 


Proposal  No.  4 


MR.  KING. 


PROPOSAL 


To  submit  substitute  for  section  9  of  article  15,  otherwise 
known  as  schedule,  section  18  0f  the  schedule  of  the 
constitution. — Relating  to  licensing  the  traffic  in  in¬ 
toxicating  liquors. 


♦ 


Resolved  by  the  constitutional  convention  of  the  state  of  Ohio,  That  a  pra- 

2  posal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  substituting 

3  for  section  9  of  article  15  18,  oLtlis. schedule  the  following: 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for  the 

5  adoption  or  rejection  of  any  revision,  alterations,  or  amendments  made  to  the 
3  constitution  by  this  convention,  the  following  articles,  independently  of  the  sub- 
7  mission  of  any  revision,  alterations  or  other  amendments  submitted  to  them,  shall 
g  be  separately  submitted  to  the  electors  in  the  alternative  in  the  words  following, 
9  to-wit : 


10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

4 

28 

20 

30 

31 


2 


FOR  LICENSE. 

“License  to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in  this 
state,  and  license  laws  shall  be  passed  to  regulate  and  festrict  the  said  traffic  and 
shall  be  operative  throughout  the  state,  provided  that  where  the  traffic  is  or  may  be  pro¬ 
hibited  under  laws  applying  to  counties,  municipalities,  township  or  residence 
districts,  the  traffic  shall  not  be  licensed  in  any  such  of  said  local  subdivisions-  while  so_long_ 

TT3  the  prohibition  of  the  said  traffic  shall  by  law  be  operative  therein.  Nothing 
herein  contained  shall  be  so  construed  as  to  repeal,  -or  modifyor  suspend  such  prohibitory 
laws’ or  to  prevent  their  future  enactment,  modification  or  repeal,  or  to  repeal  or 
to  prevent  the  repeal  of  any  laws  whatever  nowor  hereafter  existing  to  regulate  the  traffic 
in  intoxicating  liquors.  Nor  shall  any  law  be  valid  which  has  the  effect  of  tie- 
feating  or  negativing  directly  or  indirectly  the  tegulaiioi'i  of  the  Uaffic  by  a  license 

system  herein  provided  tor;  ' 

I 

AGAINST  LICENSE. 

% 

“No  license  to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in  this 
state  ;  but  the  general  assembly  may  by  law  provide  against  the  evils  resulting 
therefrom.” 

Section  2.  At  said  election,  a  separate  ballot  shall  be  in  the  following 
form : 

INTOXICATING  LIQUORS. 

| - 1 1 

|  For  License. 

I  I  I 

I - 1 - 1 

|  Against  License.  j 
i _ I _ i 

Section  3.  Separate  ballot  boxes  shall  be  provided  for  the ‘reception  of  said 


ballots. 


32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 


3 


Section  4.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words  “For  License”  if  he  desires  to  vote  in 
favor  of  the  article  first  above  mentioned,  and  opposite  the  words  “Against 
License”  within  the  blank  space  if  he  desires  to  vote  in  favor  of  the  article 
second  above  mentioned.  If  a  cross-mark  is  placed  opposite  both  phrases  or 
neither  phrase,  then  the  vote  upon  that  subject  shall  not  be  counted. 

Section  5.  If  the  votes  for  license  shall  exceed  the  votes  against  license, 
then  the  article  first  above  mentioned  shall  becomesec,;lon  9  a  part  of  article  XV  0f  the 
constitution,  regardless  of  whether  any  revision,  alterations,  or  other  amendments 
submitted  to  the  people  shall  be  adopted  or  rejected.  And  if  the  votes  against 
license  shall  exceed  those  for  license,  then  the  second  article  above  mentioned 
shall  be  sect*on  9  a  part  of  article  XV  of  the  constitution. 


Fourth  Constitutional  | 
Convention.  \ 


Proposal  No.  5 


MR.  CUNNINGHAM. 


PROPOSAL 


To  submit  substitute  for  Article  No.  5  of  the  Constitution. 

— Relative  to  elective  franchise. 

Resolved  by  the  constitutional  convention  of  the  state  of  Ohio,  That  a 

2  proposal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  sub- 

3  stituting  for  Article  5  of  the  constitution  the  following: 

4  Section  i.  Every  male  citizen  of  the  United  States  of  the  age  of  twenty- 

5  one  years,  who  shall  have  been  a  resident  of  tbe  state  one  year  next  preceding 
the  election,  and  of  the  county,  township,  precinct  or  ward  in  which  he  resides, 

7  such  time  as  may  be  provided  by  law,  shall  have  the  qualification  of  an  elector 

$  and  be  entitled  to  vote  at  all  elections.  But  no  idiot  or  insane  person  shall  be 

<)  entitled  to  the  privilege  of  an  elector. 

10  Section  2.  All  elections  shall  be  by  ballot,  and  canvassed  in  such  manner 

11  as  may  be  provided  by  law. 

12  Section  3.  Electors  during  their  attendance  at  elections,  and  in  going  to 

13  and  returning  therefrom  shall  be  privileged  from  arrest  in  all  cases,  except 

14  treason,  felony,  intoxication  and  breach  of  the  peace. 


15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 


2 


Section  4.  The  general  assembly  shall  have  power  to  exclude  from  the 
privilege  of  voting  or  of  being  eligible  to  office,  any  person  convicted  of  bribery, 
perjury  or  other  infamous  crime. 

Section  5.  No  person  in  the  military,  naval  of  marine  service  of  the 
United  States  shall  by  being  stationed  in  any  garrison  or  military  or  naval  sta¬ 
tion  within  the  state,  be  considered  a  resident  of  this  state,  and  in  time  of  war, 
no  elector  in  the  actual  military  service  of  the  state  or  of  the  United  States,  in 
the  army  or  navy  by  reason  of  his  absence  from  his  election  district;  and  the 
legislature  shall  have  power  to  provide  the  manner  in  which  and  the  time  and 
place  at  which  such  absent  electors  may  vote,  and  for  the  return  and  canvass  of 
their  votes  in  the  election  districts  in  which  they  respectively  have  a  residence. 


( 


Fourth  Constitutional 
Convention. 


Proposal  No.  7 


MR.  NYE. 


PROPOSAL 


To  submit  an  amendment  to  article  3,  section  8,  of  the 
constitution.  —  Relative  to  calling  extra  sessions  of 

the  general  assembly. 

\ 

Resolved  by  the  Constitutional  Convention  of  the  State  of  Ohio.  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  ARTICLE  III. 

5  ,  EXECUTIVE. 

£  To  amend  section  8  of  article  3. 

7  Section  8.  The  governor  on  extraordinary  occasions  may  convene  the 

g  general  assembly  by  proclamation  and  shall  state  in  said  proclamation  the  pur- 
9  pose  for  which  said  special  session  is  called  and  no  other  business  shall  be  trans¬ 
it)  acted  at  said  special  session  except  that  named  in  said  proclamation,  or  in  a  sub- 


11  sequent  public  proclamation  issued  by  the  Governor  during  said  special  session. 


ORDERED  PRINTED.  AS  REPORTED  BY  THE  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  15 


MR.  RILEY. 


PROPOSAL 

To  submit  an  amendment  to  Article  I,  Section  io,  of  the  con¬ 
stitution. — Relative  to  bill  of  rights. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

«*.»•••  j  r  •  '  f'  r  j  *  ‘  '  -  *  't  *  '  \  V 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows: 

4  ARTICLE  I. 

5  Section  io.  Except  in  cases  of  impeachment,  and  cases  arising  in  the 

6  army  and  navy,  or  in  the  militia  when  in  actual  service  in  time  of  war  or  public 

7  danger,  and  in  all  offenses  for  which  a  punishment  less  than  imprisonment  in 

8  the  penitentiary  is  provided,  no  person  shall  be  held  to  answer  for  a  capital,  or 

9  otherwise  infamous  crime,  unless  on  presentment  or  indictment  of  a  grand 

10  jury  and  the  number  of  persons  to  constitute  such  grand  jury  and  the  concur- 

11  rence  of  what  number  thereof  shall  be  necessary  to  find  such  indictment  shall 

12  be  determined  by  the  general  assembly. 

13  In  any  trial,  in  any  court,  the  party  accused  shall  be  allowed  to  appear 

14  and  defend  in  person  and  with  counsel;  to  demand  the  nature  and  cause  of  the 


2 


15  accusation  against  him,  and  to  have  a  copy  thereof ;  to  meet  the  witnesses  face 

16  to  face,  and  to  have  compulsory  process  to  procure  the  attendance  of  witnesses 

17  in  his  behalf,  and  a  speedy  public  trial  by  an  impartial  jury  of  the  county  *  *  * 

18  in  which  the  offense  is  alleged  to  have  b  een  committed ;  but  the  general  assembly 

19  may  provide  by  law  for  the  taking  of  the  deposition  by  the  accused  or  by  the 

20  state,  to  be  used  for  or  against  the  accused,  of  any  witness  whose  attendance  can 

\ 

21  not  be  had  at  the  trial,  always  securing  to  the  accused  the  opportunity  to  be 

22  present  in  person  and  with  counsel  at  the  taking  of  such  deposition,  and  to 

23  examine  the  witness  face  to  face  as  fully  and  in  the  same  manner  as  if  in  court. 

24  No  person  shall  be  compelled,  in  any  criminal  case,  to  be  a  witness  against 

25  himself;  but  his  failure  to  testify  may  be  considered  by  the  court  and  jury  and 

26  the  same  may  be  made  the  subject  of  comment  by  counsel. 

27  No  person  shall  be  twice  put  in  jeopardy  for  the  same  offense. 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Proposal  No. 


MR.  CORDES. 


PROPOSAL 


To  submit  an  amendment  to  Article  II,  Section  33,  of  the 
constitution. — Relative  to  requiring  the  general  assembly 
to  pass  laws  relative  to  compensation  of  employees. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Article  II. 

5  Section  33.  For  the  purpose  of  providing  compensation  from  a  state 

G  fund,  to  workmen  and  their  dependents,  for  death,  injuries  or  occupational 

7  diseases,  occasioned  in  the  course  of  such  workmen’s  employment,  laws  may 

S  be  passed  establishing  a  fund  to  be  created  and  administered  by  the  state  and 

<)  by  compulsory  contribution  thereto  by  employers ;  determining  the  terms  and 

]()  conditions  upon  which  payment  shall  be  made  therefrom  and  taking  away  any 

[  1  or  ail  rights  of  action  or  defenses  from  employees  and  employers  but  no  right 

12  of  action  shall  be  taken  away  from  any  employees  when  the  injury,  disease 

13  or  death  arises  from  failure  of  the  employer  to  comply  with  any  lawful  require- 

jq  ment  for  the  protection  of  the  lives,  health  and  safety  of  employees.  Laws 


2 


15  may  be  passed  establishing  a  board  which  may  be  empowered  to  classify  all 

16  occupations,  according  to  their  degree  of  hazard;  fix  rates  of  contribution  to 

17  such  fund  according  to  the  general  rule  of  classification  and  to  collect,  administer 

18  and  distribute  such  fund  and  to  determine  all  rights  of  claimants  thereto. 


* 


\ 


% 


K 


i 


ORDERED  PRINTED.  AS  REPORTED  BY  THE  COMMITTEE  ON  LABOR. 


boURTU  CO  N  ST  I T  UTION  A I 

Convention. 


I 

) 


Sub.  Proposal  JNo.  34 


MR.  THOMAS. 


2 

3 

4 

5 

6 

i 

8 

0 

10 

11 


PROPOSAL 


To  submit  an  amendment  to 
tions  io,  ii,  12,  13,  14 
trial  regulations. 


Article  XV,  by  adding  Sec- 
and  15. — Relative  to  indus- 


Resolved,  by  the  constitutional  convention  of  the  state  of  Ohio,  That  a  pro¬ 
posal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 
follows : 

The  contracting  or  sale  of  prison  labor  or  the  product  of  prison  labor,  by 
the  state  or  by  any  political  subdivision  of  the  state  is  hereby  prohibited,  and  no 
prison-made  goods  shall  be  sold  in  the  state  unless  the  same  are  conspicuously 
marked,  “Prison-made.”  All  persons  confined  in  any  penal  institution  in  the 
state,  so  far  as  may  be  consistent  with  discipline  and  the  public  interest,  shall  be 
employed  in  some  beneficial  industry  for  the  use  of  the  state  or  its  political  sub¬ 
divisions,  and  where  a  prisoner  has  a  dependent  family  his  net  earnings  may  be 
paid  to  said  dependents  for  their  support. 


% 


(' 


Ordecpd  printed,  as  it  would  appear  if  the  minority  report  of  the  Committee  on 
Corporations  other  than  municipal  is  agreed  to. 


Fourth  Constitutional 
Convention. 


} 


Proposal  No.  51 

# 


MR.  MILLER,  of  Crawford. 


PROPOSAL 


To  submit  an  amendment  to.  Article  VIII,  Section  6,  of  the 
constitution.  —  Relative  to  permitting  public  property 
being  insured  in  mutual  associations  and  companies. 


Resolved,  by  the  constitution!  convention  of  the  state  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  ARTICLE  VIII. 

5  Section  6.  The  general  assembly  shall  never  authorize  any  county,  city, 

6  town  or  township,  by  vote  of  its  citizens,  or  otherwise,  to  become  a  stockholder 

7  in  any  joint  stock  company,  corporation,  or  association  whatever;  or  to  raise 

8  money  for,  or  to  loan  its  credit  to,  or  in  aid  of  any  such  company,  corporation, 

9  or  association. 

10  The  General  Assembly  may  provide  by  law  for  the  regulation  of  all  rates 

11  charged  or  to  be  charged  by  any  insurance  company,  corporation  or  association 

12  organized  under  the  laws  of  this  state  or  doing  any  insurance  business  in  this 

13  state. 


2 


14  Provided,  however,  that  the  General  Assembly  may  establish  and  maintain 

15  a  bureau  of  insurance  for  the  purpose  of  furnishing  fire,  life,  accident  or  other 

16  insurance  to  the  citizens  of  the  state,  and  provided  further,  that  nothing  in 

17  this  section  shall  prevent  public  buildings  or  property  being  insured  in  mutual 

18  fire  insurance  associations  or  companies. 


Ordered  prhted.  as  it  would  appear  if  the  majority  report  of  the  Committee  on 
Corporations  other  then  municipal  is  agreed  to. 


Fourth  Constitutional 

► 

Convention. 


Proposal  No.  51 


MR.  MILLER,  of  Crawford. 


PROPOSAL 


To  submit  an  amendment  to  Article  VIII,  Section  6,  of  the 
constitution.  —  Relative  to  permitting  public  property 
being  insured  in  mutual  associations  and  companies. 

Resolved,  by  the  constitutionl  cenvcntion  of  the  state  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  ARTICLE  VIII. 

5  Section  6.  The  general  assembly  shall  never  authorize  any  county,  city, 
(>  town  or  township,  by  vote  of  its  citizens,  or  otherwise,  to  become  a  stockholder 

7  in  any  joint  stock  company,  corporation,  or  association  whatever;  or  to  raise 

8  money  for,  or  to  loan  its  credit  to,  or  in  aid  of  any  such  company,  corporation, 

9  or  association; 

10  Providing  however;  that  nothing  in  this  section  shall  prevent  public  build- 

11  ings  or  property  being  insured  in  mutual  fire  insurance  associations  or  com- 

12  panies. 


2 


13  The  General  Assembly  may  provide  by  law  for  the  regulation  of  all  rates 

14  charged  or  to  be  charged  by  any  insurance  company,  corporation  or  association 


15  organized  under  the  lazes  of  this  state  or  doing  any  insurance  business  in  this 


1 state. 


ORDERED  PRINTED 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  54 


MR.  ELSON. 


To  submit  an  amendment  to  Article  I,  Section  5,  of  the  consti¬ 
tution. — Relative  to  the  reform  of  the  jury  system. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  ARTICLE  I. 

5  Section  5.  The  right  of  trial  by  jury  shall  be  inviolate;  but  the  General 

6  Assembly  may  authorize  that  in  civil  cases  a  verdict  may  be  rendered  by  the  con- 


7  currence  of  not  less  than  three-fourths  of  a  jury. 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  62 


MR.  PIERCE. 


\ 


PROPOSAL 


Relative  to  abolition  of  capital  punishment. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for 

5  the  adoption  or  rejection  of  any  revision,  alteration  or  amendments  made  to 

6  the  constitution  by  this  convention,  the  following  section,  independently  of  the 

7  submission  of  any  revision,  alteration  or  other  amendments,  submitted  to  them, 

8  shall  be  separately  submitted  to  the  electors  in  the  words  following,  towit  : 

Article  I. 

10  Section  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  in 

11  cases  of  homicide,  where  proof  is  evident  or  the  presumption  great.  Excessive 

12  bail  shall  not  be  required ;  nor  excessive  fines  imposed ;  nor  cruel  and  unusual 

13  punishments  inflicted;  nor  shall  life  be  taken  as  a  punishment  for  crime. 


14 

15 

1G 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 


2 


Section  2.  At  such  election  a  separate  ballot  shall  be  provided  for  the 
voters  in  the  following  form : 

TO  ABOLISH  CAPITAL  PUNISHMENT. 

i  i  r  ~  ;  i 

|  Abolition  of  capital  punishment,  YES.  | 

I  i  T 

|  Abolition  of  capital  punishment,  NO. 

1  1 _ I 

Section  3.  The  voter  shall  indicate  his  choice  by  placing  a  cross  mark 
within  the  blank  space  opposite  the  words,  “Abolition  of  capital  punishment, 
YES.”,  if  he  desire  to  vote  in  favor  of  the  section  above  mentioned;  and  within 
the  blank  space  opposite  the  words,  “Abolition  of  capital  punishment,  NO.”, 
if  he  desire  to  vote  against  the  section  above  mentioned. 

Section  4.  If  the  votes  in  favor  of  the  section  above  mentioned  shall 
exceed  the  votes  against  the  same,  then  said  section  shall  take  the  place  of 
Section  9  of  Article  I  of  the  constitution,  regardless  of  whether  any  revision, 
alteration  or  other  amendments  submitted  to  the  people,  shall  be  adopted  or 

1 

rejected. 


ORDERED  PRINTED,  AS  REPORTED  BY  SELECT  COMMITTEE. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  64 


MR.  MILLER,  of  Fairfield. 


PROPOSAL 


Relative  to  the  Conservation  of  our  Natural  Resources. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  Laws  may  be  passed  to  encourage  the  propagation,  planting  and  cultivation 

5  of  forestry  and  exempting  from  taxation,  in  whole  or  in  part,  wood  lots  or 

^  plantations  devoted  exclusively  to  forestry  or  to  the  growing  of  forest  trees; 

7  and  also  provide  for  reforesting  and  holding  as  forest  reserves  such  lands  or 

S  parts  of  lands  as  has  been  or  may  be  forfeited  to  the  state,  and  may  authorize 

9  the  acquiring  of  other  lands  for  that  purpose ;  also  to  provide  for  the  conserva- 

10  tion  of  all  natural  resources  of  the  state,  including  all  streams,  lakes,  submerged 

11  and  swamp  lands  or  other  collections  of  water  within  the  boundaries  of  the 

12  state,  and  for  the  formation  of  conservation  districts;  and  shall  provide  for 

13  the  regulation  of  all  force,  energy  and  power  developed  or  to  be  developed  from 

14  said  water;  and  shall  provide  for  the  regulation  of  mining,  weighing,  measuring 


15  and  marketing  of  all  minerals. 


ORDERED  PRINTED.  AS  REPORTED  BY  COMMITTEE  ON  CORPORATIONS  OTHER  THAN  MUNICIPAL. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  72 


MR.  STOKES. 


PROPOSAL 


To  submit  an  amendment  to  Article  XIII,  Section  8,  of  the 
constitution. — Relative  to  investment  companies. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  ARTICLE  XIII,  SECTION  2. 

5  Corporations  may  be  formed  under  general  laws ;  but  all  such  laws  may, 

6  from  time  to  time,  be  altered  or  repealed. 

7  Corporations  may  be  classified  and  there  may  be  conferred  upon  proper 
g  boards,  commissions  or  officers,  such  supervisory  and  regulatory  powers  over 

9  their  organization,  business  and  issue  and  sale  of  stock  and  securities,  and  over 

10  the  business  and  sale  of  the  stock  and  securities  of  foreign  corporations  in  this 

11  state,  as  may  be  prescribed  by  law. 


✓  . 


■  V  :  u  ■  ;  ■  i  '■ 


- 


•  ‘ ;  !  .  "  ••  *  .  ■  •  •  .  '  •  -  ■  ’• '  ■  *  i 

■  ;:r 


,,  [Ki{  !  •  .  *  ;  '•  "  ( 


,;.rt  >•  !  :  ■ 


:  I  . . 5 -■ 

■  .  ■  .  - 

•ilH  .rt  I:-  .|t:>  :•  ••  • 


Ordered  printed,  as  it  will  appear  it  the  majority  report  of  the  committee  on  Equal 
Suffrage  and  Elective  Franchise  L  adopted. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  ]So.  91 


MR.  KILPATRICK. 


PROPOSAL 


To  submit  an  amendment  to  Article — ,  Section — ,  of  the 
Constitution.-^Relative  to  equal  suffrage. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken 

5  for  the  adoption  or  rejection  of  any  revision,  alteration  or  amendments  made 

(>  to  the  constitution  by  this  Convention,  the  following  article,  independently  of 

7  the  submission  of  any  revision,  alteration  or  other  amendments  submitted  to 

8  then,  shall  be  separately  submitted  to  the  electors  in  the  words  following, 

9  to-wit : 

10  FOR  EQUAL  SUFFRAGE. 

11  Every  citizen  of  the  United  States,  of  the  age  of  twenty-one.  years,  who- 

12  shall  have  been  a  resident  of  the  state  one  year  preceding  the  election,  and 

13  of  the  county,  township  or  ward  in  which  he  or  she  resides  such  time  as  may 


14 

15 

36 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


2 


be  provided  by  law.  shall  have  the  qualifications  of  an  elector  and  be  entitled 
to  vote  at  all  elections. 

Section  2.  At  such  election  a  separate  ballot  shall  be  in  the  following 
form : 

ELECTIVE  FRANCHISE. 

|  |  For  Equal .  Suffrage.  | 

|  |  Against  Equal  Suffrage,  j 

Section  3.  Separate  ballot  boxes  shall  be  provided  for  the  reception  of 
such  .ballots. 

/  I 

Section  4.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words,  “For  Equal  Suffrage”,  if  he  desire 
to  vote  in  favor  of  the  article  above  mentioned,  and  opposite  the  words, 
“Against  Equal  Suffrage”,  within  the  blank  space,  if  he  desire  to  vote  against 
the  article  above  mentioned. 

Section  5.  If  the  votes  for  equal  suffrage  shall  exceed  the  votes  against 
equal  suffrage,  then  the  section  above  mentioned  shall  take  the  place  of  Article 
V,  Section  1,  of  the  constitution,  regardless  of  whether  any  revision,  alteration 
or  other  amendments  submitted  to  the  people  shall  be  adopted  or  rejected. 


/ 


Fourth  Constitutional 
Convention. 


} 


^  Proposal  No. 


MR.  EARXHART. 


PROPOSAL 

,  .  i 

To  submit  an  amendment  to  Article  XIII,  Section  3,  of  the 
Constitution. — Relative  to  the  protection  of  bank  and 
other  deposits.  ; 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  ? 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Dues  from  private  corporations  shall  be  secured  by  such  means  as  may  be 

5  prescribed  by  law,  but  in  no  case  shall  any  stockholder  be  individually  liable 

0  otherwise  than  for  the  unpaid  stock  owned  by  him  or  her ;  except  that  stock- 

7  holders  or  corporations  authorized  to  receive  money  on  deposit  shall  be  held 

S  individually  responsible,  equally  and  ratably,  and  not  one  for  another,  for  all 

<)  contracts,  debts,  and  engagements  of  such  corporations,  to  the  extent  of  the 

10  amount  of  their  stock  therein,  at  the  par  value,  thereof ,  in  addition  to  the • 

3  1 


invested  in  such  shares. 


/ 


'  V 


'«  •  1*1 


v:  r)  \ 


\ 


\ 


« 


/ 


•  / 


* 


$ 


c 


ORDERED  PRINTED,  AS  REPORTED  BY  COMMITTEE  ON  EDUCATION. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  96 


MR.  FESS. 


PROPOSAL 


To  submit  an  amendment  by  adding  Section  4  to  Article  VI, 
of  the  Constitution- — Relative  to  the  office  of  Superinten¬ 
dent  of  Public  Instruction. 


Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  '  ARTICLE  VI. 

5  Sec.  4.  A  superintendent  of  public  instruction  shall  be  included  as  one  of 

6  the  officers  of  the  executive  department  to  be  appointed  by  the  governor,  for 

7  the  term  of  four  years,  with  such  powers  as  may  be  prescribed  by  law. 


( 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  100 


MR.  FACKLER. 


PROPOSAL 

To  submit  an  amendment  to  Article  IV,  Section  9,  of  the  con¬ 
stitution. — Relative  to  Justice  of  the  Peace. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read  as. 

3  follows : 

4  ARTICLE  IV. 

5  Section  9.  A  competent  number  of  justices  of  the  peace  shall  be  elected 

6  by  the  electors  in  each  township  in  the  several  counties.  Their  term  of  office  shall 

7  be  four  years  and  their  powers  and  duties  shall  be  regulated  by  law.  Provided 

S  that  there  shall  be  no  justices  of  the  peace  in  any  township  where  a  court,  other 

9  than  a  mayor’s  court,  is  or  may  hereafter  be  maintained  with  the  jurisdiction  of 

10  all  causes  of  which  justices  of  the  peace  are  given  jurisdiction,  and  no  justices 


II 


of  the  peace  shall  have  or  exercise  jurisdiction  in  such  township. 


ORDERED  PRINTED  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 

MR.  LAMPSON. 


Proposal  No.  118 


PROPOSAL 


To  submit  an  amendment  to  Article  VIII,  Section  I,  of  the 
constitution. — Relative  to  raising  the  bond  limit  to  aid  in 

good  roads. 

* 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read  as 

i 

3  follows : 

4  ARTICLE  VIII. 

5  Section  i.  (Public  Debt.)  The  state  may  contract  debts  to  supply  casual 

(5  deficits  or  failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for; 
7  ‘  but  the  aggregate  amount  of  such  debts,  direct  and  contingent,  whether  con- 
g  tracted  by  virtue  of  one  or  more  acts  of  the  General  Assembly,  or  at  different 

9  periods  of  time,  shall  never  exceed  seven  hundred  and  fifty  thousand  dollars ;  and 

10  the  money,  arising  from  the  creation  of  such  debts  shall  be  applied  to  the  purpose 

11  for  which  it  was  obtained  or  to  repay  the  debts  so  contracted  and  to  no  other 

12  purpose  whatever. 

18  Provided,  however,  that  the  General  Assembly  may  contract  debts  and  au- 


14 

15 

16 

17 

18 

19 

20 

*1 

22 

23 

24 


2 


thorize  issues  of  bonds  to  an  amount  which  in  the  aggregate  shall  not  exceed 
fifty  millions  of  dollars  for  the  purpose  of  constructing,  improving,  maintaining, 
repairing  and  rebuilding  a  system  of  inter-county  wagon  roads  throughout  the 

I 

state;  not  to  exceed  ten  millions  of  dollars  in  such  bonds  shall  be  issued  in  any 
one  year,  and  there  shall  be  levied  and  collected  annually  by  taxation  an  amount 
sufficient  to  pay  the  interest  on  said  bonds,  and  provide  a  sinking  fund  for  their 
final  redemption  at  maturity. 

Such  wagon  roads  shall  be  determined  under  general  laws  and  the  cost  there¬ 
of  shall  be  paid  by  the  state. 

The  provisions  of  this  section  shall  not  be  limited  or  controlled  by  section 
6  of  article  XII. 


\ 


ORDERED  PRINTED. 


Fourth  Constitution  a  l 
Convention. 


Sub.  Proposal  No.  122 


MR.  FARRELL. 


PROPOSAL 

Relative  to  employment  of  women,  children  and  persons  en¬ 
gaged  in  hazardous  employment. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 
£  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Laws  may  be  passed  fixing  and  regulating  the  hours  of  labor,  establishing 

5  a  minimum  wage  and  providing  for  the  comfort,  health,  safety  and  general 
(>  wel:  are  of  all  employes ;  and  no  other  provision  of  the  constitution  shall  impair 
7  or  limit  this  power. 


ORDERED  PRINTED,  AS  PASSED  ON  SEDOND  READING. 


Fourth  Constitutional 

Convention. 


} 


Proposal  No.  134 


MR.  HALENICAMP. 


m 


PROPOSAL 


T o  submit  an  amendment  to  Article  I,  of  the  constitution.  — 

Relative  to  injunctions. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio.  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Laws  may  be  passed,  prescribing  rules  and  regulations  for  the  conduct  of 

5  cases  and  business  in  the  Supreme  Court  and  other  courts  of  the  state,  and  for 

6  the  regulation  of  proceedings  in  contempt  and  limiting  the  power  to  punish 

7  persons  adjudged  guilty  of  contempt. 

8  No  order  of  injunction  shall  issue  in  any  industrial  controversy  involving 

9  the  employment  of  labor,  except  to  preserve  physical  property  from  injury  or 

10  destruction,  and  all  persons  charged  in  contempt  proceedings  with  the  violation 

11  of  an  injunction  issued  in  such  industrial  controversies  involving  the  employ- 

12  ment  of  labor  shall,  upon  demand,  be  granted  a  trial  by  jury  as  in  criminal  cases. 


•  •.  -Vtt' 


. 


‘ 


r  * 


PRINTED  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 


1 


Proposal  No.  151 


MR.  ANDERSON. 


PROPOSAL 

To  submit  an  amendment  to  Article  XXX,  Section  18,  of 
Schedule  of  the  Constitution. — Relative  to  the  Liquor 
Traffic. 

->  • 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  shall  be  submitted  to  the  electors  to  amend  the  constitution  by  substi- 

3  tuting  for  section  18  of  the  schedule  the  following : 

4  Section  i.  At  the  time  when  the  vote  of  the  electors  shall  be  taken  for  the 

5  adoption  or  rejection  of  any  revision,  alterations,  or  amendments  made  to  the 

6  constitution  by  this  Convention,  the  following  article,  independently  of  the  sub- 

7  mission  of  any  revision,  alterations  or  other  amendments  submitted  to  them,  shall 

8  be  separately  submitted  to  the  electors  in  the  words  following,  to-wit : 

9  FOR  LICENSE. 

10  License  to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in  this 

11  state,  and  license  laws  operative  throughout  the  state  shall  be  passed  with  such 

12  restrictions  and  regulations  as  the  general  assembly  may  provide,  and  the  gen- 


13  eral  assembly  shall  authorize  municipal  corporations  to  provide  for  the  limita- 


14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 


2 


tion  of  the  number  of  saloons,  under  general  laws  applicable  thereto ;  provided 
that  where  traffic  is  or  may  be  prohibited  under  laws  applying  to  counties,  mu¬ 
nicipalities,  townships,  residence  districts,  or  other  districts  prescribed  by  law, 
the  traffic  shall  not  be  licensed  in  any  such  local  subdivision  while  any  prohibi¬ 
tory  law  is  operative  therein,  and  nothing  herein  contained  shall  be  so  construed 
as  to  repeal,  modify  or  suspend  any  such  prohibitory  laws,  or  any  regulatory  law 
now  or  hereafter  enacted,  or  to  prevent  the  future  enactment,  modification  or  re¬ 
peal  of  any  similar  prohibitory  or  regulatory  laws. 

No  license  shall  be  granted  to  any  person  who  at  the  time  of  making  such 
application  is  not  a  citizen  of  the  United  States  and  of  good  moral  character. 
No  license  shall  be  granted  to  any  applicant  who  is  in  any  way  or  manner  in¬ 
terested  in  the  business  conducted  at  any  other  place  where  intoxicating  bever¬ 
ages  are  sold  or  kept  for  sale,  nor  shall  such  license  be  granted  unless  the  appli¬ 
cant  or  applicants  are  the  only  persons  in  any  way  or  manner  pecuniarily  inter¬ 
ested  in  the  business  asked  to  be  licensed,  and  that  no  other  person  shall  in  any 
manner  whatsoever  be  in  any  way  interested  therein  during  the  continuance  of 

the  license,  and  if  such  interest  of  such  person  be  made  to  appear,  the  said  license 
% 

shall  be  deemed  revoked. 

If  any  licensee  is  more  than  once  convicted  for  a  violation  of  the  laws  in 
force  to  regulate  the  traffic  in  intoxicating  liquors,  the  license  of  said  licensee 
shall  be  deemed  revoked,  and  no  license  shall  thereafter  be  granted  to  such  con¬ 
victed  licensee. 

No  application  for  license  shall  be  granted  unless  the  business  for  which  li¬ 
cense  is  allowed  shall  be  located  in  the  same  county  or  an  adjoining  county  to 
that  in  which  the  person  or  persons  live  and  reside  whose  duty  it  is  to  grant  such 


license. 


40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 


3 


No  legislation  shall  authorize  more  than  one  license  to  each  township  or 
municipality  of  less  than  five  hundred  population,  nor  more  than  one  for  each  five 
hundred  population  in  other  townships  and  municipalities. 

Section  2.  At  said  election  a  ballot  shall  be  in  the  following  form: 

INTOXICATING  LIQUORS. 

|  For  License. 

I  l  l 

il  .1 

|  Against  License. 

i  i _ j 

\ 

Section  3.  The  voter  shall  indicate  his  choice  by  placing  a  cross-mark 
within  the  blank  space  opposite  the  words  “For  License”  if  he  desires  to  vote  in 
favor  of  the  article  above  mentioned  and  opposite  the  words  “Against  License,” 
within  the  blank  space  if  he  desires  to  vote  against  said  article.  If  a  cross-mark 
is  placed  opposite  both  phrases  or  neither  phrase,  then  the  vote  upon  the  sub¬ 
ject  shall  not  be  counted. 

Section  4.  If  the  votes  for  license  shall  exceed  the  votes  against  license, 
then  the  article  above  mentioned  shall  become  section  9  of  Article  XV  of  the 
constitution,  and  the  present  section  9  of  said  artic’e.  also  known  as  section  18 
of  the  Schedule  shall  be  repealed. 


< 


Fourth  Constitutional  1 

Convention.  [  Pl*()pOSaJ  N  O  163 


MR.  MILLER,  of  Crawford. 


PROPOSAL 

To  submit  an  amendment  to  Article  XV,  Section  4,  of  the  con¬ 
stitution. — Relative  to  who  eligible  to  office. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a  pro- 

2  posal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  No  person  shall  be  elected  or  appointed  to  any  office  in  this  state  unless 

5  possessed  of  the  qualifications  of  an  elector;  providing,  however,  that  nothing  in 

6  this  section  or  in  the  constitution  shall  prevent  the  appointment  of  women  to 

7  any  position  in  those  institutions  of  the  state  where  the  interests  of  women  and 
g  children  are  involved. 


:i  I  III 


' 


i 

1 

-- 


< 


. 


ORDERED  PRINTED.  AS  REPORTED  BY  THE  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  166 


MR.  STILWELL. 


PROPOSAL 


To  submit  an  amendment  to  Article  II,  by  adding  Section  33 
of  the  constitution. — Relative  to  liens. 

'4 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  33.  Laws  may  be  passed  to  secure  to  mechanics,  artisans,  laborers 

5  and  material  men,  their  just  dues  by  direct  lien  upon  the  property,  upon  which 

6  they  have  bestowed  labor  or  furnished  material.  No  other  provision  of  the 

7  constitution  shall  impair  or  limit  this  power. 


A. 


< 


.  - 

•  '  •  ' 


•  ( 


ORDERED  PRINTED  AS  REPORTED  BY  COMMITTEE  ON  MISCELLANEOUS  SUBJECTS. 


Fourth  Constitutional 

► 

Convention. 


Sub.  Proposal  No.  169 


MR.  WORTHINGTON. 


PROPOSAL 


To  submit  an  amendment  to  Article  XV,  of  the  constitution. 

— Relative  to  the  civil  service. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 
2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 
S  as  follows: 

4  ,  ARTICLE  XV. 

g  Section  io.  Appointments  and  promotions  in  the  civil  service  of  the  state, 

f  the  several  counties,  and  cities,  shall  be  made  according  to  merit  and  fitness,  to 
J  be  ascertained  as  far  as  practicable  by  competitive  examinations.  And  it  shall 
g  be  the  duty  of  the  General  Assembly  to  enact  laws  providing  for  the  enforce- 
9  ment  hereof.  _ 


.  .  :  •  •  1 


i  * 


. 

:  .  . 

/ 

•  ' 

•  ••  •  -  :  '  )  '  c  oJ 


■'  ::  :,y 


ORDERED  PRINTED,  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 


} 


Proposal  No.  170 


MR.  WORTHINGTON. 


PROPOSAL 

To  submit  an  amendment  to  Article  XII,  Sections  i,  2  and 

6,  of  the  Constitution,  and  to  add  thereto  sections  to 
be  known  as  Sections  7,  8,  9  and  10.  —  Relative  to 
taxation. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows: 

4  Section  i.  The  levying  of  taxes  by  the  poll  is  grievous  aand  oppressive; 

5  therefore  no  poll  tax  shall  ever  be  levied  in  this  state,  nor  service  required  therein, 

6  which  may  be  commuted  in  money  or  other  thing  of  value. 

7  Section  2.  Laws  shall  be  passed,  taxing  by  a  uniform  rule,  all  moneys, 

8  credits,  investments  in  bonds,  stocks,  joint  stock  companies,  or  otherwise;  and 

9  also  all  real  and  personal  property  according  to  its  true  value  in  money  ex- 

10  cepting  all  bonds  at  present  outstanding  of  the  State  of  Ohio  or  of  any  city, 

11  village,  hamlet,  county,  or  township  in  this  state  or  which  have  been  issued  in 

12  behalf  of  the  public  schools  in  Ohio  and  the  means  of  instruction  in  connec- 

13  tion  therewith,  which  bonds  so  at  present  outstanding  shall  be  exempt  from 

14  taxation ;  but  burying  grounds,  public  school  houses,  houses  used  exclusively 


15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 


2 


for  public  worship,  institutions  of  purely  public  charity,  public  property  used 
exclusively  for  any  public  purpose,  and  personal  property,  to  an  amount  not 
exceeding  in  value  two  hundred  dollars  for  each  individual,  may  by  general 
laws,  be  exempted  from  taxation;  but  all  such  laws  shall  be  subject  to  altera¬ 
tion  or  repeal;  and  the  value  of  all  property,  so  exempted,  shall,  from  time  to 
time,  be  ascertained  and  published  as  may  be  directed  by  law. 

Section  6.  Except  as  otherwise  provided  in  this  constitution  the  state 
shall  never  contract  any  debt  for  purposes  of  internal  improvement. 

Section  7.  Laws  may  be  enacted  providing  for  the  taxation  of  the  right 
to  receive  or  succeed  to  estates,  and  such  tax  may  be  uniform  or  it  may  be  so 
graduated  as  to  tax  at  a  higher  rate  the  right  to  receive  or  to  succeed  to  estates 
of  larger  value  than  to  estates  of  smaller  value. 

Such  tax  may  also  be  levied  at  a  different  or  higher  rate  upon  collateral 
inheritances  than  direct  inheritances  and  a  portion  of  each  estate  not  exceeding 
twenty  thousand  dollars  may  be  exempt  from  such  tax. 

Section  8.  Laws  may  be  enacted  providing  for  the  taxation  of  incomes, 
which  tax  may  be  either  uniform  or  graduated,  and  either  general  or  confined 
to  such  incomes  as  may  be  designated  by  law,  but  a  part  of  each  income  not 
exceeding  three  thousand  dollars  in  any  one  year  may  be  exempt  from  such  tax. 

Section  9.  Laws  may  be  passed  providing  for  excise  and  franchise  taxes 
and  for  the  imposition  of  taxes  upon  the  production  of  coal,  oil,  gas  and  minerals. 

Section  10.  No  bonded  indebtedness  of  the  state  or  any  political  subdivi¬ 
sions  thereof,  shall  be  incurred  or  renewed,  unless  in  the  legislation,  under  which 
such  indebtedness  is  incurred  or  renewed,  provision  is  made  for  the  payment  of 
not  less  than  two  per  centum  of  the  principal  together  with  the  annual  interest 


on  the  same,  each  year,  until  such  indebtedness  is  paid. 


ORDERED  PRINTED.  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 


} 


Proposal  No.  170 


MR.  WORTHINGTON. 


PROPOSAL 

To  submit  an  amendment  to  Article  XII,  Sections  i,  2  and 

6,  of  the  Constitution,  and  to  add  thereto  sections  to 
be  known  as  Sections  7,  8,  9  and  10.  —  Relative  to 
taxation. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  levying  of  taxes  by  the  poll  is  grievous  aand  oppressive; 

5  therefore  no  poll  tax  shall  ever  be  levied  in  this  state,  nor  service  required  therein, 

6  which  may  be  commuted  in  money  or  other  thing  of  value. 

7  Section  2.  Laws  shall  be  passed,  taxing  by  a  uniform  rule,  all  moneys, 

8  credits,  investments  in  bonds,  stocks,  joint  stock  companies,  or  otherwise;  and 

9  also  all  real  and  personal  property  according  to  its  true  value  in  money  ex- 

10  cepting  all  bonds  at  present  outstanding  of  the  State  of  Ohio  or  of  any  city, 

11  village,  hamlet,  county,  or  township  in  this  state  or  which  have  been  issued  in 

12  behalf  of  the  public  schools  in  Ohio  and  the  means  of  instruction  in  connec- 

13  tion  therewith,  which  bonds  so  at  present  outstanding  shall  be  exempt  from 

14  taxation;  but  burying  grounds,  public  school  houses,  houses  used  exclusively 


15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 


2 


for  public  worship,  institutions  of  purely  public  charity,  public  property  used 
exclusively  for  any  public  purpose,  and  personal  property,  to  an  amount  not 
exceeding  in  value  two  hundred  dollars  for  each  individual,  may  by  general 
laws,  be  exempted  from  taxation;  but  all  such  laws  shall  be  subject  to  altera¬ 
tion  or  repeal ;  and  the  value  of  all  property,  so  exempted,  shall,  from  time  to 
time,  be  ascertained  and  published  as  may  be  directed  by  law. 

Section  6.  Except  as  otherwise  provided  in  this  constitution  the  state 
shall  never  contract  any  debt  for  purposes  of  internal  improvement. 

Section  7.  Laws  may  be  enacted  providing  for  the  taxation  of  the  right 
to  receive  or  succeed  to  estates,  and  such  tax  may  be  uniform  or  it  may  be  so 
graduated  as  to  tax  at  a  higher  rate  the  right  to  receive  or  to  succeed  to  estates 
of  larger  value  than  to  estates  of  smaller  value. 

Such  tax  may  also  be  levied  at  a  different  or  higher  rate  upon  collateral 
inheritances  than  direct  inheritances  and  a>  portion  of  each  estate  not  exceeding 
twenty  thousand  dollars  may  be  exempt  from  such  tax. 

Section  8.  Laws  may  be  enacted  providing  for  the  taxation  of  incomes, 
which  tax  may  be  either  uniform  or  graduated,  and  either  general  or  confined 
to  such  incomes,  as  may  be  designated  by  law,  but  a  part  of  each  income  not 
exceeding  three  thousand  dollars  in  any  one  year  may  be  exempt  from  such  tax. 

Section  9.  Laws  may  be  passed  providing  for  excise  and  franchise  taxes 
and  for  the  imposition  of  taxes  upon  the  production  of  coal,  oil,  gas  and  minerals. 

Section  10.  No  bonded  indebtedness  of  the  state  or  any  political  subdivi¬ 
sions  thereof,  shall  be  incurred  or  renewed,  unless  in  the  legislation,  under  which 
such  indebtedness  is  incurred  or  renewed,  provision  is  made  for  the  payment  of 
not  less  than  two  per  centum  of  the  principal  together  with  the  annual  interest 


on  the  same,  each  year,  until  such  indebtedness  is  paid. 


Fourth  Constitution ai. 


Convention. 


Proposal  No  174 


MR.  MAUCK. 


PROPOSAL 

Relative  to  bill  of  rights. 

Be  it  resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio ,  That 

2  Section  i  of  Article  I  of  the  constitution  of  the  state  of  Ohio  be  and  the  same 

3  is  hereby  revised,  altered  and  amended  so  as  to  read  as  follows : 

4  ARTICLE  I. 

5  BILL  OF  RIGHTS. 

(>  Section  i.  All  men  are  by  nature  free  and  independent  and  have  certain 

7  inalienable  rights,  among  which  are  those  of  enjoying  and  defending  life  and 

:8  liberty ;  acquiring,  possessing  and  protecting  property,  and  seeking  and  obtain- 

9  ing  happiness  and  safety.  The  General  Assembly  may,  however,  make  such 

10  regulations  as  it  may  deem  proper  for  the  conveyance  and  sale  of  stocks,  bonds, 


11  securities  and  other  personal  property. 


« 


* 


1 


L 


Ordered  printed,  as  passed  on  second  reading. 


Fourth  Constitutional 

► 

Convention. 


Proposal  No.  184 


MR.  PECK. 


PROPOSAL 


To  submit  an  amendment  to  Article  IV,  Section  i,  2,  and 
6,  of  the  constitution. — Relating  to  the  supreme  and  cir¬ 
cuit  courts. — Judicial. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  The  judicial  power  of  the  state  is  vested  in  a  supreme  court, 

5  courts  of  appeals,  coufts  of  common  pleas,  courts  of  probate,  and  such  other 

6  courts  inferior  to  the  courts  of  appeals  as  may  from  time  to  time  be  established 

7  by  law. 

8  Section  2.  The  supreme  court  shall,  until  otherwise  provided  by  law, 

9  consist  of  six  judges,  and  the  judges  now  in  office  in  that  court  shall  continue 

10  therein  until  the  end  of  the  terms  for  which  they  were  respectively  elected,  unless 

11  they  are  removed,  die  or  resign.  A  majority  of  the  supreme  court  shall  be  nec- 

12  essary  to  constitute  a  quorum  or  pronounce  a  decision,  except  as  hereinafter 

13  provided.  It  shall  have  original  jurisdiction  in  quo  warranto,  mandamus,  habeas 

14  corpus,  prohibition,  procedendo  and  appellate  jurisdiction  in  all  cases  involving 


15 

1  6 

IT 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 


2 


questions  arising  under  the  constitution  of  the  United  States  or  of  this  state 

and  in  cases  of  felony  on  leave  first  obtained,  also  in  cases  which  originated  in 

0 

the  courts  of  appeals  and  such  revisory  jurisdiction  of  the  proceedings  of  ad¬ 
ministrative  officers  as  may  be  conferred  by  law.  It  shall  hold  at  least  one 
term  in  each  year  at  the  seat  of  government,  and  such  other  'terms,  there  or 
elsewhere,  as  may  be  provided  by  law.  The  judges  of  the  supreme  court  shall 
be  elected  by  the  electors  of  the  state  at  large  for  such  terms,  not  less  than  six 

years,  and  they  shall  be  elected,  and  their  official  term  shall  begin,  at  such  time 

\ 

as  may  now  or  hereafter  be  fixed  by  law. 

Whenever  the  judges  of  the  supreme  court  shall  be  equally  divided  in 
opinion  as  to  the  merits  of  any  case  before  them  and  are  unable  for  that  reason 
to  agree  upon  a  judgment  that  fact  shall  be  entered  upon  the  record  and  such 
entry  shall  be  held  to  constitute  an  affirmance  of  the  judgment  of  the  court  below. 
No  law  shall  be  held  unconstitutional  and  void  by  the  supreme  court  without 
the  concurrence  of  all  but  one  of  the  judges,  except  in  the  affirmance  of  a  judg¬ 
ment  of  the  court  of  appeals  declaring  a  law  unconstitutional  and  void. 

in  cases  of  public  or  great  general  interest  the  supreme  court  may,  within 
such  limitation  of  time  as  may  be  prescribed  by  law,  direct  the  court  of  appeals 
to  certify  its  record  to  the  supreme  court  and  may  review  and  affirm,  modify 
or  reverse  the  judgment  of  the  court  of  appeals. 

Section  6.  The  state  shall  be  divided  into  appellate  districts  of  compact 
territory  and  divided  by  county  lines,  in  each  of  which  there  shall  be  a  court 
of  appeals  consisting  of  three  judges  and  until  altered  by  statute  the  circuits 
in  which  circuit  courts  are  now  held  shall  constitute  the  appellate  districts  afore¬ 
said.  The  judges  of  the  circuit  courts  now  residing  in  their  respective  districts 


shall  continue  to  be  judges  of  the  respective  courts  of  appeals  in  such  districts  and 


3 


41  perform  the  duties  thereof  until  the  expiration  of  their  respective  terms  of  office. 

42  \  acancies  caused  by  the  expirations  of  the  terms  of  office  of  the  judges  of  the 

43  courts  of  appeals  shall  be  filled  by  the  electors  of  the  appellate  districts  respec- 

44  tively  in  which  such  vacancies  shall  arise  and  the  same  number  shall  be  elected  in 

45  each  district.  Laws  may  be  enacted  to  prescribe  the  time  and  mode  of  such  elec- 

46  tion  and  to  alter  the  number  of  districts  or  the  boundaries  thereof,  but  no  such 

47  change  shall  abridge  the  term  of  any  judge  then  in  office.  The  court  of  appeals 

48  shall  hold  at  least  one  term  annually  in  each  county  and  such  other  terms  at  a 

49  county  seat  in  the  district,  as  the  judges  may  determine  upon,  and  the  county 

50  Commissioners  of  any  county  in  which  the  court  of  appeals  shall  hold  sessions 

51  shall  make  proper  and  convenient  provisions  for  the  holding  of  such  courts  by 

52  its  judges  and  officers.  Each  judge  shall  be  competent  to  exercise  his  judicial 

53  powers  in  any  district  of  the  state. 

54  The  respective  courts  of  appeals  shall  continue  the  work  of  the  circuit 

55  court  and  all  pending  cases  and  proceedings  in  the  circuit  courts  shall  pro- 

56  ceed  to  judgment  and  be  determined  by  the  courts  of  appeals,  subject  to  the 

57  provisions  hereof,  and  the  existence  of  the  circuit  court  shall  be  merged  into 

58  and  its  work  continued  by  the  courts  of  appeals. 

59  The  Courts  of  Appeals  shall  have  original  jurisdiction  in  quo  warranto, 

60  mandamus,  habeas  corpus,  prohibition  and  procedendo  and  appellate  jurisdiction 

61  to  review,  affirm,  modify,  or  reverse  the  judgments  of  the  courts  of  common  pleas 

62  and  superior  courts  and  other  courts  of  record  within  the  district  as  may  be  pro- 

63  vided  by  law,  and  judgments  of  said  courts  of  appeal  shall  be  final  in  all  cases, 

64  except  such  as  involve  questions  arising  under  the  constitution  of  this  state, 

65  or  the  United  States,  or  cases  of  felony,  or  cases  of  which  it  has  original  juris- 

66  diction,  or  cases  of  public  or  great  general  interest  in  which  the  supreme  court 


4 


67  may  direct  the  court  of  appeals  to  certify  its  record  to  that  court.  No  judg- 

68  ment  of  a  court  of  common  pleas,  a  superior  court  or  other  court  of  record 

69  shall  be  reversed  except  by  the  concurrence  of  all  the  judges  of  the  court  of  appeals 

70  on  the  weight  of  the  evidence  and  by  a  majority  of  such  court  of  appeals  upon 

71  other  questions  and  whenever  the  judges  of  a  court  of  appeals  find  that  a  judg- 

72  ment  upon  which  they  have  agreed  is  in  conflict  with  a  judgment  pronounced  upon 

73  the  same  question  by  any  court  of  appeals  of  the  state,  the  judges  shall  certify  the 

74  record  of  the  case  to  the  supreme  court  for  review  and  final  determination. 

75  The  decisions  in  all  cases  in  the  supreme  court  and  courts  of  appeals  shall 


76 


be  reported,  together  with  the  reasons  therefor. 


ORDERED  PRINTED. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  209 


MR.  TETLOW. 


PROPOSAL 

To  submit  an  amendment  to  Article  VIII,  of  the  constitu¬ 
tion. — Relative  to  protection  and  welfare  of  persons 
employed  at  public  work. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read' 

8  as  follows : 

4  Not  to  exceed  eight  hours  shall  constitute  a  day’s  work  and  not  to  exceed 

l 

5  forty-eight  hours  a  week’s  work,  on  the  construction,  replacement,  alteration, 

6  repair,  maintenance  and  operation  of  all  public  works,  buildings,  plants,  ma- 

* 

7  chinery  at  which  laborers,  workmen  and  mechanics  are  employed,  carried  on 

8  or  aided  by  the  state  or  any  political  sub-division  thereof,  whether  done  by 

9  contract  or  otherwise,  except  in  cases  of  extraordinary  emergency. 


- 


. 


■ 


’ 


' 


c 


Fourth  Constitutional 
Convention. 


Proposal  No.  212 


MR.  JOHNSON,  of  Williams. 


PROPOSAL 


To  submit  an  amendment  to  Article  II,  Section  1 6,  of 
the  constitution.  Relative  to  amending  veto  power 
of  the  governor. 

1  Resolved,  by  the  Constitutional  Convention  of  the  \ State  of  Ohio,  That  a' 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i6.  Every  bill  shall  he  fully  and  distinctly  read  three  different 

5  days,  unless  in  case  of  urgency  three-fourths  of  the  house  in  which  it  shall 

6  be  pending,  shall  dispense  with  the  rules.  No  hill  shall  contain  more  than 

7  one  subject,  which  shall  be  clearly  expressed  in  its  title,  and  no  law  shall  be 

8  revived,  or  amended  unless  the  new  act  contains  the  entire  act  revived,  or  the 

9  section  or  sections  amended,  and  the  section  or  sections  so  amended  shall  be 

10  repealed. 

11  (a)  Every  bill  passed  by  the  General  Assembly  shall  before  it  can  be- 

12  come  a  law,  be  presented  to  the  governor  for  his  approval.  If  he  approve  it, 

13  he  shall  sign  it.  If  he  does  not  approve  it,  he  shall  send  it  with  his  objections  in 

14  writing,  to  the  house  in  which  it  originated,  which  may  then  reconsider  the 


15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 


2  '  '  # 
vote  on  its  passage.  If  three-fifths  of  the  members  elected  to  that  house 
then  agree  to  repass  the  bill,  it  shall  be  sent,  with  the  objections  of  the  governor 
to  the  other  house  which  may  also  reconsider  the  vote  on  its  passage.  If  three- 
fifths  of  the  members  elected  to  that  house  then  agree  to  repass  it,  it  shall  become 
a  law  notwithstanding  the  objections  of  the  governor.  If  a  bill  shall  not  be 
returned  by  the  governor  within  ten  days,  Sundays  excepted,  after  being  pre¬ 
sented  to  him,  it  shall  become  a  law,  unless  the  General  Assembly  by  adjourn¬ 
ment  prevents  its  return;  in  which  case,  it  shall  become  a  law  unless,  within 
ten  days  after  such  adjournment  it  shall  be  filed  by  him,  with  his  objections, 
in  the  office  of  the  secretary  of  state.  The  governor  may  disapprove  any 
item  or  items  in  any  bill  making  an  appropriation  of  money  and  the  item  or 
items,  so  disapproved,  shall  be  stricken  therefrom,  unless  repassed  in  the  man¬ 


ner  herein  prescribed  for  the  repassage  of  the  bill. 


Fourth  Constitutional 


Convention. 


> 


Proposal  No.  236 


MR.  WORTHINGTON. 


PROPOSAL 


To  submit  an  amendment  to  Article  II,  Section  8,  of  the 
constitution. — Relative  to  investigations  by  general 
assembly. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  Section  8  of  Article  II  of  the  constitution  shall  be  submit- 

3  ted  to  the  electors,  to  read  as  follows : 

4  ARTICLE  II. 

5  Section  8.  Each  house,  except  as  otherwise  provided  in  this  constitution, 

i 

(>  shall  choose  its  own  officers,  may  determine  its  own  rules  of  proceeding,  punish 

7  its  members  for  disorderly  conduct;  and,  with  the  concurrence  of  two-fhirds, 

3  expel  a  member,  but  not  the  second  time  for  the  same  cause ;  and  shall  have  all 

9  other  powers,  necessary  to  provide  for  its  safety,  and  the  undisturbed  transac- 

10  tion  °f  its  business,  and  to  obtain,  through  committees  or  otherwise,  information 

11  affecting  legislative  action  under  consideration  or  in  contemplation,  and  to  that 

12  end  to  enforce  the  attendance  and  testimony  of  i witnesses ,  and  the  production 


13  of  books  and  papers. 


ORDERED  PRINTED,  At  PASSED  ON  SECOND  READINO. 


Fourth  Constitutional 

V 

Convention. 


} 


Sub.  Proposal  No.  240 


MR.  ANDERSON. 


PROPOSAL 

To  submit  an  amendment  to  Article  I,  of  the  constitution. — • 

In  relation  to  damages  for  wrongful  death. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

:  ••  C' 

3  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  foltows: 

4  No  limitations  shall  ever  be  imposed  by  statute  on  the  amount  of  damages 

5 

« 


recoverable  by  civil  action  in  the  courts  of  this  state  for  an  injury,  resulting  in 
death  caused  by  the  wrongful  act,  neglect  or  default  of  another. 


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ORDERED  PRINTED  AS  REPORTED  BY  SELECT  COMMITTEE. 


Fourth  Constitutional 
Convention. 


Sub.  Proposal  No.  241 


MR.  DWYER. 


PROPOSAL 

To  submit  an  amendment  to  Article  II,  of  the  constitution. — 

Relating  to  impeachment  of  officials. 

Resolved  by  the  Constitutional  Convention  of  the  State  of  Ohio ,  That  ,  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  24a.  Laws  shall  be  passed  providing  for  the  prompt  removal 

5  from  office,  upon  complaint  and  hearing,  of  all  officers,  including  state  officers, 
Q  judges  and  members  of  the  General  Assembly,  for  any  misconduct  involving 
7  moral  turpitude  or  for  other  cause  provided  by  law ;  and  this  method  of  removal 
3  shall  be  in  addition  to  impeachment  or  other  method  of  removal  provided. 


■ 


i 


J>  ■ 


. 

■ 

•  '■'!  5> 


•  )•,  r  •  ..  ■>  > ;  i: 

.■ 


Ordered  printed,  as  reported  by  the  committee  on  Equal  Suffrage  and  Elective  Franchise. 

.  / 


Fourth  Constitutional 

Convention. 


Am.  Proposal  No.  242 


MR.  ROEHM. 


PROPOSAL 

To  submit  an  amendment  to  Article  V,  Section  2,  of  the  con¬ 
stitution. — Relative  to  elective  franchise. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  All  elections  shall  be  either  by  ballot  or  mechanical  device  or  both  preserv- 

5  ing  the  secrecy  of  the  ballot.  The  General  Assembly  may  regulate  the  prepara¬ 


6 


tion  of  the  ballot  and  determine  the  application  of  such  mechanical  device. 


. 


. 


. 


1 


Fourth  Constitutional 


Convention. 


► 

- 


Proposal  No.  249 


MR  TANNEHILL. 


PROPOSAL 


To  submit  an  amendment  to  Article  V,  Section  i,  of  the 
constitution. — Relative  to  primary  elections. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  '  follows : 

4  All  candidates  for  elective  state,  district,  municipal  and  county  offices  shall 

5  be  nominated  at  primary  elections  to  be  provided  for  by  proper  legislation,  but 

6  primaries  shall  not  be  held  for  the  nomination  of  township  officers,  or  for  the 

7  officers  of  municipalities  of  less  than  two  thousand  population. 


a-'V-  r-.-„ 


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ORDERED  PRINTED.  AS  REPORTED  BY  THE  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No  252 


MR.  WEYBRECHT. 


PROPOSAL 


.  To  submit  an  amendment  to  Article  I,  Section  16,  of  the  con¬ 

stitution.  —  Providing  for  redress  of  claims  against  the 
state. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Suits  may  be  brought  against  the  state,  in  such  courts,  and  in  such  manner, 


-5 


as  may  be  directed  by  law. 


ORDERED  PRINTED,  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  261 


MR.  HALENKAMP. 


PROPOSAL 


To  submit  an  amendment  to  Article  XV,  Section  n  of  the 
constitution.  — -  Relative  to  state  printing. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio ,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  The  purchase  of  stationery  and  supplies  and  the  printing  of  the  laws,  jour- 

5  nals,  bills,  legislative  documents  and  papers  for  each  branch  of  the  General  As- 

6  sembly,  with  the  printing  and  supplies  required  for  the  executive  and  other  de- 

7  partments  of  state,  shall  be  let,  on  contract,  to  the  lowest  responsible  bidder,  or 

8  may  be  done  direct  by  the  state,  in  such  manner  as  shall  be  prescribed  by  law. 


Ordered  printed,  as  passed  on  second  reading. 


Fourth  Constitutional 
Convention. 


1 


Proposal  No.  272 


MR.  FITZSIMONS. 


To  submit  an  amendment  to  the  constitution. — Relative  to  the 
government  of  municipalities. 

Resolved ,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows: 

4  ARTICLE  XVIII.  , 

* 

B  MUNICIPAL  CORPORATIONS. 

0  Section  i.  Municipal  corporations  are  hereby  classified  into  cities  and  vil- 

7  lages.  All  such  corporations  having  a  population  of  5,000  or  over  shall  be  cities ; 
g  all  others  shall  be  villages.  The  method  of  transition  from  one  class  to  the  other 

9  shall  be  regulated  by  law. 

10  Section  2.  The  general  assembly  shall,  by  general  laws,  provide  for  the 

11  incorporation  and  government  of  cities  and  villages;  and  it  may  also  enact  addi- 

12  tional  laws  for  the  government  of  municipalities  adopting  the  same;  but  no 


13 


such  additional  law  shall  become  operative  in  any  municipality  until  it  shall 


14  have  been  submitted  to  the  electors  thereof,  and  affirmed  by  a  majority  of  those 

15  voting  thereon,  under  regulations  to  be  established  by  law. 

16  Section  3.  Municipalities  shall  have  authority  to  exercise  all  powers  of 

17  local  self-government  and  to  enact  and  enforce  within  their  limits  such  local 

18  police,  sanitary  and  other  similar  regulations,  as  are  not  in  conflict  with  general 

19  laws. 

20  Section  4.  Any  municipality  may  acquire,  construct,  own,  lease  and  operate 

21  within  or  without  its  corporate  limits,  any  public  utility  the  product  or  service 

22  of  which  is  supplied  to  the  municipality  or  its  inhabitants,  and  may  contract  with 

23  others  for  any  such  product  or  service.  The  acquisition  of  any  such  public 

24  utility  may  be  by  condemnation  or  otherwise,  and  a  municipality  may  acquire 

25  thereby  the  use  of  or  full  title  to  the  property  and  franchise  of  any  company  or 

26  person  supplying  to  the  municipality  or  its  inhabitants  the  service  or  product  of 
2T  any  such  utility. 

28  Section  5.  Any  municipality  proceeding  to  acquire,  construct,  own,  lease 

29  or  operate  a  public  utility  or  to  contract  with  any  person  or  company  therefor 

30  shall  act  by  ordinance  and  no  such  ordinance  shall  take  effect  until  after  thirty 

81  days  from  its  passage.  If  within  said  thirty  days  a  petition  signed  by  ten  per 

82  centum  of  the  electors  of  the  municipality  shall  be  filed  with  the  executive  au- 

33  thority  thereof  demanding  a  referendum  on  such  ordinance  it  shall  not  take  effect 

34  until  submitted  to  the  electors  and  approved  by  a  majority  of  those  voting  thereon. 

35  The  submission  of  any  such  question  shall  be  governed  by  all  the  provisions  of 

80  Section  8  of  this  article  as  to  the  submission  of  the  question  of  choosing  a  char- 
87  ter  commission. 

38  Section  6.  Any  municipality,  owning  or  operating  a  public  utility  for  the 

39  purpose  of  supplying  the  service  or  product  thereof  to  the  municipality  or  its 


C 


40 

41 

42 

43 

44 

43 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 


3 


inhabitants,  may  also  sell  and  deliver  to  others  any  transportation  service  of  such 
utility  and  the  surplus  product  of  any  other  utility  in  an  amount  not  exceeding 
in  either  case  fifty  per  centum  of  the  total  service  or  product  supplied  by  such 
utility  within  the  municipality. 

Section  7.  Any  city  or  village  may  frame  and  adopt  or  amend  a  charter 
for  its  government  and  may,  subject  to  the  provisions  of  section  3  of  this 
article,  exercise  thereunder  all  powers  of  local  self-government. 

Section  8.  The  legislative  authority  of  any  city  or  village  may  by  a  two- 
thirds  vote  of  its  members,  and  upon  petition  of  ten  per  centum  of  the  electors 
shall  forthwith,  provide  by  ordinance  for  the  submission  to  the  electors  of  the 
question  “Shall  a  commission  be  chosen  to  frame  a  charter.”  The  ordinance 
providing  for  the  submission  of  such  question  shall  require  that  it  be  submitted 
to  the  electors  at  the  next  regular  municipal  election  if  one  shall  occur  not  less 
than  sixty  nor  more  than  one  hundred  and  twenty  days  after  its  passage;  other¬ 
wise  it  shall  provide  for  the  submission  of  the  question  at  a  special  election  to 
be  called  and  held  within  the  time  aforesaid.  The  ballot  containing  such  ques¬ 
tion  shall  bear  no  party  designation  and  provisions  shall  be  made  thereon  for  the 
election  from  the  municipality  at  large  of  fifteen  electors  thereof  who  shall  con¬ 
stitute  a  commission  to  frame  a  charter;  provided  that  a  majority  of  the  electors 
voting  on  such  question  shall  have  voted  in  the  affirmative.  Any  charter  so 
framed  shall  be  submitted  to  the  electors  of  the  municipality  at  an  election  to 
be  held  at  a  time  fixed  by  the  charter  commission  and  within  one  year  from 
the  date  of  its  election,  provisions  for  which  shall  be  made  by  the  legislative  au¬ 
thority  of  the  municipality  in  so  far  as  not  prescribed  by  general  law.  Not  less 
than  thirty  days  prior  to  such  election  the  clerk  of  the  municipality  shall  mail 


a  copy  of  the  proposed  charter  to  each  elector  whose  name  appears  upon  the 


66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

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78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

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90 

91 


4 


poll  oi  registration  books  of  the  last  regular  or  general  election  held  therein. 
If  such  proposed  charter  is  approved  by  a  majority  of  the  electors  voting  thereon 
it  shall  become  the  charter  of  such  municipality  at  the  time  fixed  therein. 

Section  9.  Amendments  to  any  charter  framed  and  adopted  as  herein 
provided  may  be  submitted  to  the  electors  of  a  municipality  by  a  two-thirds  vote 
of  the  legislative  authority  thereof,  and  shall  be  submitted  by  such  legislative  au¬ 
thority  when  a  petition  setting  forth  any  such  proposed  amendment  and  signed 
by  ten  per  centum  of  the  electors  of  the  municipality  is  filed  therewith.  The 
submission  of  proposed  amendments  to  the  electors  shall  be  governed  by  the 
requirements  of  Section  8  as  to  the  submission  of  the  question  of  choosing  a 
charter  commission;  and  copies  of  proposed  amendments  shall  be  mailed  to  the 
electors  as  hereinbefore  provided  for  copies  of  a  proposed  charter.  If  any 
amendment  so  submitted  is  approved  by  a  majority  of  the  electors  voting  there¬ 
on,  it  shall  become  a  part  of  the  charter  of  the  municipality.  A  copy  of  said 
charter  or  any  amendment  thereto,  within  thirty  days  after  adoption  by  a  refer¬ 
endum  vote,  shall  be  certified  to  the  secretary  of  state. 

Section  10.  A  municipality  appropriating  or  otherwise  acquiring  property 
for  public  use  may  in  furtherance  of  such  public  use  appropriate  or  acquire  an 
excess  over  that  actually  to  be  occupied  by  the  improvement  and  may  sell  such 
excess  with  such  restrictions  as  shall  be  appropriate  to  preserve  the  improvement 
made.  Bonds  may  be  issued  to  supply  the  funds  in  whole  or  in  part  to  pay  for 
the  excess  property  so  appropriated  or  otherwise  acquired  but  said  bonds  shall 
be  a  lien  only  against  the  property  so  acquired  for  the  improvement  and  excess, 
and  they  shall  not  be  a  liability  of  the  municipality  nor  be  included  in  any 
limitation  of  the  bonded  indebtedness  of  such  municipality  prescribed  by  law. 

Section  10-a.  Any  municipality  appropriating  private  property  for  a  pub- 


( 


5 


92  lie  improvement  may  provide  money  therefore  in  part  by  assessments  upon  bene- 

93  fited  property  not  in  excess  of  the  special  benefits  conferred  upon  such  property 

94  by  the  improvements.  Said  assessments,  however,  upon  all  the  abutting,  ad- 

95  jacent,  and  other  property  in  the  district  benefited,  shall  in  no  case  be  levied 

96  for  more  than  fifty  per  centum  of  the  cost  of  such  appropriation. 

97  Section  ii.  Any  municipality  which  acquires,  constructs  or  extends  any 

98  public  utility  and  desires  to  raise  money  for  such  purposes  may  issue  mortgage 

99  bonds  therefor  beyond  the  general  limit  of  bonded  indebtedness  prescribed  by 

100  law ;  provided,  that  such  mortgage  bonds  issued  beyond  the  general  limit  of 

101  bonded  indebtedness  prescribed  by  law  shall  not  impose  any  liability  upon  such 

102  municipality  but  shall  be  secured  only  upon  the  property  and  revenues  of  such 

103  public  utility,  including  a  franchise  stating  the  terms  upon  which,  in  case  of 

104  foreclosure,  the  purchaser  may  operate  the  same,  which  franchise  shall  in  no 

105  case  extend  for  a  longer  period  than  twenty  years  from  the  date  of  the  sale 

106  of  such  utility  and  franchise  on  foreclosure. 

107  Section  12.  The  general  assembly  shall  have  authority  to  limit  the  power 

108  of  municipalities  to  levy  taxes  and  incur  debts  for  local  purposes  and  may  require 

109  reports  from  municipalities  as  to  their  financial  condition  and  transactions,  in 

110  such  form  as  may  be  provided  by  law,  and  may  provide  for  the  examination  of. 
HI  the  vouchers,  books  and  accounts  of  all  municipal  authorities,  or  of  public  under- 

112  takings  conducted  by  such  authorities. 

113  Section  13.  All  elections  and  submissions  of  questions  provided  for  in 

114  this  article  shall  be  conducted  by  the  election  authorities  prescribed  by  general 

115  law.  The  percentage  of  electors  signing  any  petition  provided  for  herein  shall 

116  be  based  upon  the  total  vote  cast  at  the  last  preceding  general  municipal  election. 


Pro.  272. 


«■  t 


» 


( 


ORDERED  PRINTED.  AS  REPORTED  BY  COMMITTEE  ON  JUDICIARY  AND  BILL  OF  RIGHTS. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  30-t 


MR.  HALFHILL. 


PROPOSAL 


To  submit  an  amendment  to  the  constitution.  —  Relative  to 

amending  Sections  i,  3,  12,  and  15,  of  Article  IV,  so  that 

# 

each  county  will  elect  at  least  one  judge  of  the  court  of 
common  pleas. 

Resolved ,  by  the  Constitutional  Convention  by  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  he  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  That  Section  3.  Article  IV,  he  amended  to  read  as  follows: 

5  One  resident  judge  of  the  court  of  common  pleas,  and  such  additional  resi- 

C  dent  judge  of  judges  as  may  be  provided  by  law,  shall  be  elected  in  each  county 

7  of  the  state  by  the  electors  of  such  county ;  and  as  many  courts  or  sessions  of 

g  the  court  -of  common  pleas  as  are  necessary,  may  be  held  at  the  same  time  in 

q  anv  countv. 

*/  -  ^  • 

20  Any  judge  of  such  a  court  of  common  pleas  may  temporarily  preside  and 

17  hold  court  in  any  county ;  and  until  the  general  assembly  shall  make  adequate 

12  provision  therefor,  the  chief  justice  of  the  supreme  court  of  the  state  shall  pass 


13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

2S 

29 

30 

31 

33 

33 

34 

35 

36 

37 

38 


2 


upon  the  disqualication  or  disability  of  any  judge  of  the  court  of  common  pleas 
and  assign  some  other  judge  for  such  place,  or  assign  any  such  judge  to  another 
county  to  hold  court  therein. 

Section  2.  That  Section  /  of  Article  IV  be  amended  to  read  as  follows: 
There  shall  be  established  in  each  county,  a  probate  court ,  zvhich  shall  be  a  court 
of  record,  open  at  all  times,  and  holden  by  one  judge,  elected  by  the  voters  of 
the  county,  who  shall  hold  his  office  for  the  term  of  four  years,  and  shall  receive 
such  compensation,  payable  out  of  the  county  treasury,  as  shall  be  provided  by 
law.  But  the  general  assembly  may  provide  by  law  to  submit  to  the  electors  of 
any  county  the  question  of  combining  the  court  of  common  pleas  and  probate 
court  in  such  county  and  provide  that  such  courts  shall  be  combined  in  any  county 
where  a  majority  of  the  electors  at  such  election  shall  so  vote.  And  provision 
may  also  be  made  for  similar  submission  to  the  electors  of  the  question  of  the 
separation  of  such  courts  in  each  county  where  the  same  may  have  been  combined 
and  for  such  separation  when  a  majority  of  such  electors  shall  so  vote. 

Section  3.  That  Section  12,  of  Article  IV,  be  amended  to  read  as  follows: 

The  judges  of  the  courts  of  common  pleas  shall,  while  in  office  reside  in 
the  county  for  which  they  are  elected;  and  their  term  of  office  shall  be  for  six 
(6)  years. 

Section  4.  That  Section  15,  of  Article  IV,  be  amended  to  read  as  follows: 

The  general  assembly  may  increase  or  diminish  the  number  of  judges  of  the 
supreme  court,  may  increase  beyond  one  or  diminish  to  one  the  number  of  judges 
of  the  court  of  common  pleas  in  any  county,  or  may  establish  other  courts,  when¬ 
ever  two-thirds  of  the  members  elected  to  each  house  shall  concur  therein;  but 
no  such  change, 'addition  or  diminution  shall  vacate  the  office  of  any  judge;  and 


(£ 


any  existing  court  heretofore  created  by  the  general  assembly  shall  continue  its 


1 


39  existence  until  otherwise  provided  by  lazv.  The  judges  of  the  courts  of  common 
4()  pleas  in  office,  or  elected  thereto  prior  to  January  first,  1913,  shall  continue  to 
41  hold  their  offices  for  the  term  for  which  they  were  elected. 


‘ 


✓ 

. 


O  de  ed  printed,  as  reported  by  the  c  mmittee  on  Method  of  Amending  the  Constitution. 


Fourth  Constitutional 
Convention. 


Am.  Proposal  No.  309 


MR.  TAGGART. 


PROPOSAL 


To  submit  an  amendment  to  Article  XVI,  Sections  i,  2 
aand  3,  of  the  constitution.  —  Relative  to  amendments 
to  the  constitution. 

Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Section  i.  Either  branch  of  the  general  assembly  may  propose  amend- 

5  ments  to  this  constitution;  and  if  the  same  shall  he  agreed  to  by  three-fifths 
of  the  members  elected  to  each  house,  such  proposed  amendments  shall  be 
entered  on  the  journals,  with  the  yeas  and  nays,  and  shall  be  published  in  at  ieast 

S  one  newspaper  in  each  county  of  the  state,  where  a  newspaper  is  published, 

9  once  a  week  for  eight  consecutive  weeks  preceding  the  *  *  *  election 

10  *  *  *  at  which  time  the  same  shall  be  submited  to  the  electors  at  either  a 

1  ]  special  or  general  election  as  the  general  assembly  may  prescribe,  for  their 

12  approval  or  rejection,  on  a  separate  ballot  without  party  designation  of  any  kind; 

13  and  if  the  majority  of  the  electors  voting  on  the  same  shall  adopt  such  amend- 

14  ments  the  same  shall  become  a  part  of  the  constitution.  When  more  than  one 


15 

10 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 


2 


amendment  shall  be  submitted  at  the  same  time,  they  shall  be  so  submitted  as 
to  enable  the  electors  to  vote  on  each  amendment,  separately. 

Section  2.  Whenever  two-thirds  of  the  members  elected  to  each  branch  of 
the  general  assembly,  shall  think  it  necessary  to  call  a  convention,  to  revise, 
amend,  or  change  this  constitution,  they  shall  recommend  to  the  electors  to 
vote  on  a  separate  ballot  'without  party  designation  of  any  kind  at  the  next 
election  for  members  to  the  general  assembly,  or  (against)  the  convention; 
and  if  a  majority  of  all  the  electors,  voting  for  and  against  the  calling  of  a 
convention,  shall  have  voted  for  a  convention,  the  general  assembly  shall,  at  their 
next  session,  provide,  by  law,  for  calling  the  same.  Candidates  for  members  of 
the  constitutional  convention  shall  be  nominated  by  nominating  petitions  only  and 
shall  be  voted  for  upon  one  independent  and  separate  ballot  without  any  emblem 
or  party  designation  whatever.  The  convention  shall  consist  of  as  many  mem¬ 
bers  as  the  house  of  representatives,  who  shall  be  chosen  as  provided  by  law,  and 
shall  meet  within  three  months  after  their  election,  for  the  purpose,  aforesaid. 

Section  3.  At  the  general  election,  to  be  held  in  the  year  one  thousand  nine 
hundred  and  .thirty-two,  and  in  each  twentieth  year  thereafter,  the  question: 
“Shall  there  be  a  convention  to  revise,  alter,  or  amend  the  constitution”  shall  be 
submitted  to  the  electors  of  the  state;  and  in  case  a  majority  of  the  electors  voting 
for  and  against  the  calling  of  a  convention  shall  decide  in  favor  of  a  convention, 
the  general  assembly,  at  its  next  session,  shall  provide,  by  law,  for  the  election 
of  delegates  and  the  assembling  of  such  convention  as  is  provided  in  the  pre¬ 
ceding  section ;  but  no  amendment  of  this  constitution,  agreed  upon  by  any  con¬ 
vention  assembled  in  pursuance  of  this  article,  shall  take  effect  until  the  same 
shall  have  been  submitted  to  the  electors  of  the  state  and  adopted  by  a  majority 


of  those  voting  thereon. 


Fourth  Constitutional 

► 

Convention. 


Proposal  No.  322 


MR.  BOWDLE. 


PROPOSAL 

To  submit  an  amendment  to  Article  II,  of  the  constitu- 
tion. — Relative  to  the  use  of  expert  medical  witnesses 
and  testimony  in  criminal  trials. 


Resolved .  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  The  legislature  shall  have  power  to  provide  by  law  for  the  regulation  of 

5  the  use  of  expert  medical  witnesses  and  testimony  in  criminal  trials  and  pro- 

6  ceedings. 

7  Resolved,  further  that  said  amendment  if  adopted  shall  become  Section 


8 


33  of  Article  II,  of  the  constitution. 


. 


0# 


Fourth  Constitutional 

► 

Convention. 


Proposal  No.  329 


MR.  KNIGHT. 


PROPOSAL 


To  submit  an  amendment  to  Article  VI,  Section  3,  of  the 
constitution. — Relative  to  organization  of  the  boards  of 
education  in  school  districts. 


Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows: 

4  Section  3.  The  General  Assembly  shall  by  law  provide  for  the  organiza- 

5  tion,  administration  and  control  of  the  public  school  and  educational  system  of 

6  the  state :  provided,  that  each  school  district  shall  have  the  power  by  referendum 

7  vote  to  determine  for  itself  the  number  of  members  and  the  organization  of  the 

8  district  board  of  education,  and  the  General  Assembly  shall  make  provision 

9  for  the  exercise  of  this  power  by  the  school  districts. 


i  r.  .  ; 


. 


. 


C 


ORDERED  PRINTED  AS  PASSED  ON  SECOND  READING. 


Fourth  Constitutional 

«- 

Convention. 


Proposal  No.  331 


MR.  WALKER. 


PROPOSAL 


To  submit  an  amendment  to  Article  VIII,  Sections  12 
and  13,  of  the  constitution. — Relating  to  the  board 
public  works. 

Resolved,  by  the  constitutional  convention  of  the  state  of  Ohio,  That  a  pro- 

2  posal  to  amend  the  constitution  shall  be  submitted  to  the  electors  to  read  as 

3  follows : 

4  ARTICLE  VIII,  SECTIONS  12  AND  13. 

5  Strike  out  Sections  12  and  13  of  Article  VIII,  and  in  lieu  thereof  insert  the 

6  following: 

7  So  long  as  this  state  shall  have  public  works  which  requires  superintendence, 

8  there  shall  be  a  superintendent  of  public  works  appointed  by  the  governor  for 

9  one  year  whose  duties  and  powers  shall  be  defined  by  law. 


Fourth  Constitutional 

Convention.  PrOpOSal  No.  333 


MR.  PECK. 


PROPOSAL 


To  submit  an  amendment  to  Article  XV,  Section  io,  of  the 
constitution.  —  Relative  to  the  use  of  property  for  dis¬ 
play  advertising. 


Resolved,  by  the  Constitutional  Convention  of  the  State  of  Ohio,  That  a 

2  proposal  to  amend  the  Constitution  shall  be  submitted  to  the  electors  to  read 

3  as  follows : 

4  Laws  may  be  adopted  regulating  and  limiting  the  use  of  property  on  or 

5  near  public  ways  and  grounds  for  the  public  display  of  posters,  bill  boards,  pic- 


6  tures  and  other  forms  of  advertising. 


■  $  • .  n 


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' 


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\ 


. 


•  ! 


.  |  .  .  .  n  .  -  t  ' 


. 


. 


